PLEASE HELP , I NEED HELP

[destiny64 222]

Sara you seem to know an awful lot about what he's doing and planning. You shouldn't be communicating with him right now. Your focus should be on securing a place to live and staying clear of him. Let the courts do their thing. He will plead not guilty of course, and there is nothing you can do about that. It's his word against yours.

Unfortunately , there are many cases where the immigrant spouse accuses their U.S citizen of abuse for a green card, be sure that any lawyer he has is working this card to prove him innocent. Just take care of yourself and decide where you want your future to take you.

[Harpa Timsah 13,258]

Sara, he can't just say "not guilty" and get the charge reduced. They will go through their case against him and look at the evidence.

You might be a witness, but you are not prosecuting the crime. The state is prosecuting the crime because they don't want people who assault others to go free.

This first hearing is probably just some preliminary stuff, not the real trial. Ask your advocates and best of luck.

[SingleDad2usc 71]

I don't know why everyone feels need to re-hash, and just confuse Sara. Of course this week is not a trial, just an appearance to set the next date. But if Sara doesn't come and talk to ADA before the case is called, Sara may end up with no Restraining order served on him (which the Judge would do right there) and no carbon copy in her hands.

And to repeat, Sara's main objective is English immersion, and looking for the best job she can find. But also: keep asking everyone you can how to apply for pro-bono family attorney. It takes months to get one, after you apply

[Leatherneck 693]

1. Show up on Tuesday. Never talk to him. Talk only to Assistant District Attorney (ADA) who is prosecuting the case.

2. He'll be served the Order by the Judge, and you'll be given carbon copy

3. He'll plead not guilty, but the charge will not be reduced. Date will be set for trial

4. ADA should take your signature that you will testify. Request photocopy

5. Only the day of trial (about a month from now), ADA and his defense attorney are likely to make a deal. Best outcome for you is NO jail time for him - but he must plead guilty to something offered by ADA. His punishment will be therapy, anger management, he'll have to come back in front of the Judge every month to report his progress in therapy. All this time (maybe a year?) you'll be given Order of Protection. Only after he completes treatment, this case will be dismissed and sealed. So in the long run, his work and future will not be damaged by criminal record. But in the short run - you will be completely safe, because as long as he is under Court's Jurisdiction (a year?), he can't even contact you

Things are done differently here compared to whatever jurisdiction you're familiar with.

After the plea ( assuming he pleads not guilty) at the first hearing (the arraignment) the judge will set a date for the preliminary hearing, also known as a prelim or probable cause hearing. The prelim hearing determines if there is enough evidence to proceed to trial and must take place before any actual trail date is set. The plea negotiations take place before the prelim and long before the day of the trial.

The case will not be dismissed and sealed as a result of merely complying with all of the terms of the disposition of the case. He can petition the court to expunge (dismiss the case) his record. Even if he's eligible for dismissal, the court has the discretion to decide if a conviction gets dismissed.

A DV conviction (felony or misdemeanor) could impact his future, especially if he attempts to marry another foreigner. Not to mention if the temporary restraining order becomes permanent -- it could get entered into the CLETS network in California.

Edited May 5, 2014 by Leatherneck

[fatimazahrae 5]

Bad news!!!!!! Sara she is unhappy , she went today to one of the people they help her, to talk about tomorrow, and if she can go to the court, one moment she wanted to call the detective ( they already called him during the week but no answer) the detective answer finally, to find out that her husband he will go tomorrow to the court and he will go back to his house and he is able to beat her again and again, the case is closed . She don't know why they closed the case before the arraignment she was told from the people they help her that it can happens, she is not the first one who her case closed , may be because of lack of evidence ,!!!!!!!

i'm very unhappy like her,

[SingleDad2usc 71]

I view this as inconsistent: a felony charge no less, and closing case before arraignment. It sounds like they had a huge reason to believe that no assault actually occurred that day

[sara82 4]

Thank you fatimazahrae for your support thank you singledad2usc , what i hear today was like a bomb i couldn't believe when they called the detective to understand that the case is already closed WHY? i don't know why? i was told in the place where i get the help that the police/detective can drop or close any case if they don't have enough evidence, but there was more than 1 evidence that day , that day when the police they came they found out after the investigation that he abused me, witch makes them class the case to felony crime ,how felony crime case got closed before the arraignment, why?

Edited May 6, 2014 by sara82

[SingleDad2usc 71]

what evidences?

[sara82 4]

what evidences

bruise, injury. the place....................if they didn't found that day none of evidences why they charged him felony crime, they don't have too, plus the case is closed even before the arraignment an before they determine the evidences in later time !!!! i wish if i could know why this happened

what is this huge reason !

[SingleDad2usc 71]

just guessing: detective must have believed that fight was not unilateral, and also didn't believe that the man made the first physical contact. Also guessing that ADA wouldn't give up the case, if there was your signature on file that you'll testify. Those are just guesses; but I have the right to guess, because I was in your husband's spot twice - falsely accused by wife who was subsequently waffling with the police and ADA, and cases were dismissed. Third time she called 911 - she finally got arrested, and later convicted. The family was broken down, two small children lost their mother. Domestic Violence has no winners

You are in a tough spot now, but only you can decide your next moves. No matter what - respect yourself, and respect others. Try to get into English immersion; otherwise, it's hard to Americanize lol. Seek out the bright side of everything

Edited May 6, 2014 by SingleDad2usc

[sara82 4]

Thank you singledad2usc, my husband he really abused me, he really beats me, i will never forgive him and never forgive these who closed the case just because they had the believe things, i never touched him or treats him bad , i was trying to go tomorrow to sign to testify but now as soon as he will finish tomorrow he will understand that i failed and he won, he is the big winner ,

[SingleDad2usc 71]

no winners. Spouses lost their marriage. Sad; but life goes on. Let it go, get into right classes, try to work. You've got to make a living. Take it one day at a time

[sara82 4]

no winners. Spouses lost their marriage. Sad; but life goes on. Let it go, get into right classes, try to work. You've got to make a living. Take it one day at a time

i may was lazy when i came and i joined the husband, i was busy just cooking everyday, making sure everything is clean at the house, but i think life is difficult to understand, how many men would like to have woman like me, and how many women a nice husband, you are right singledad2usc i respect your opinions, true opinions,

what next ?

i think now the next is to focus on what do i need to do in my life, my education, .......

if somebody knows what should i have to do now , do not hesitate to give me your opinions ?

Thanks

Edited May 6, 2014 by sara82

[SingleDad2usc 71]

I'm very proud of your understanding your priorities. Ask for "English immersion". And also look for a job: if you don't want to be dependent, you'll need to start saving a little

[sara82 4]

thanks

Edited May 6, 2014 by sara82