deferred prosecution domestic violence against child

[pokernut 0]

I spanked my two boys and i was arrested and charged with DV.. misdemeanor 4 assault..

I signed up for deferred prosecution and I attended 4 parenting classes and paid a 300 dollar monitoring fee

whereby they check you on the computer for two years and the 300 is to pay for that they say

i was told at the end of the deferrement, that the record is dropped ...

now.. my lawyer hasnt been good, so make a long story short and she is completely ignorant of immigration..

my question is this a conviction? I dont have the money right now to get another lawyer..

i would like to know if i can answer the question on the form as NO to a conviction..

this happened in the state of washington...

Maybe i can find a legal service or someone who can tell me...

[brnidokiegurl 0]

i work with def. judgements all day, a def sentence is only a probation time, if you get into trouble it usually advances to a suspended sentence. If during this time of probation u dont get into trouble and do what is required here in Okla you can get this statement added to your records "pled not guilty case dismissed" meaning at the end of the time you are taking back your first plea of guilt and replacing with this. On your rap sheet you will still show the arrest except now thats what it will read as case dismissed. If wont come completely off. Go to your court clerk and get a certificed copy of the motion and order for expongement. Take this to whoever is doing your state record check, here it isOkla State Bureau of Investigation ask to review your record and present this and someone should update your record. Here to check your own record for accuracy there is no charge or you can pay a lawyer to do the same thing Def. is not guilt.

[pokernut 0]

thanks for your reply

i work with def. judgements all day, a def sentence is only a probation time, if you get into trouble it usually advances to a suspended sentence. If during this time of probation u dont get into trouble and do what is required here in Okla you can get this statement added to your records "pled not guilty case dismissed" meaning at the end of the time you are taking back your first plea of guilt and replacing with this. On your rap sheet you will still show the arrest except now thats what it will read as case dismissed. If wont come completely off. Go to your court clerk and get a certificed copy of the motion and order for expongement. Take this to whoever is doing your state record check, here it isOkla State Bureau of Investigation ask to review your record and present this and someone should update your record. Here to check your own record for accuracy there is no charge or you can pay a lawyer to do the same thing Def. is not guilt.

[ken and mintra 0]

I spanked my two boys and i was arrested and charged with DV.. misdemeanor 4 assault..

I signed up for deferred prosecution and I attended 4 parenting classes and paid a 300 dollar monitoring fee

whereby they check you on the computer for two years and the 300 is to pay for that they say

i was told at the end of the deferrement, that the record is dropped ...

now.. my lawyer hasnt been good, so make a long story short and she is completely ignorant of immigration..

my question is this a conviction? I dont have the money right now to get another lawyer..

i would like to know if i can answer the question on the form as NO to a conviction..

this happened in the state of washington...

Maybe i can find a legal service or someone who can tell me...

The answer is "NO", it is not a conviction. It is an arrest but not a conviction. If you complete your deferment, with no issues, then it is true, the record will be wiped clean as if nothing has ever happened. You would still have an arrest record but no one asks those questions on any forms/applications. Arrested for spanking????????

[brnidokiegurl 0]

It will not be wiped clean (automatic) if you dont start the process yourself.

[pokernut 0]

the arrest record is misdeameanor , and i think they call it gross misdeameanor, class 4 two counts of assualt on a child.. becuase i have two children... and i dont care what anyone thinks might have happened.. I spanked them on the butt and thats it.. and there were no marks... and thats the truth

I spanked my two boys and i was arrested and charged with DV.. misdemeanor 4 assault..

I signed up for deferred prosecution and I attended 4 parenting classes and paid a 300 dollar monitoring fee

whereby they check you on the computer for two years and the 300 is to pay for that they say

i was told at the end of the deferrement, that the record is dropped ...

now.. my lawyer hasnt been good, so make a long story short and she is completely ignorant of immigration..

my question is this a conviction? I dont have the money right now to get another lawyer..

i would like to know if i can answer the question on the form as NO to a conviction..

this happened in the state of washington...

Maybe i can find a legal service or someone who can tell me...

The answer is "NO", it is not a conviction. It is an arrest but not a conviction. If you complete your deferment, with no issues, then it is true, the record will be wiped clean as if nothing has ever happened. You would still have an arrest record but no one asks those questions on any forms/applications. Arrested for spanking????????

[kirk and Jenny 0]

I am sure it has to be disclosed. It just should not effect the process if your fiancee knows.

the visa sponsor must disclose whether or not they have ever been convicted by a court of law (civil or criminal) or court martialed by a military tribunal of any of the following crimes (even if the records of the conviction were sealed or expunged):

(a) domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse and stalking;

(B) homicide, murder, manslaughter, rape, abusive sexual conduct, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment or an attempt to commit any of these crimes; or

© three or more convictions for crimes relating to a controlled substance or alcohol not arising from a single act.

If the visa sponsor has any criminal history that falls under these categories, they will also have to provide certified copies of any related court and/or police records regarding that criminal history. The petition may be approved, even if this type of criminal history is present. However, any such criminal history will be disclosed to the prospective immigrant.

the arrest record is misdeameanor , and i think they call it gross misdeameanor, class 4 two counts of assualt on a child.. becuase i have two children... and i dont care what anyone thinks might have happened.. I spanked them on the butt and thats it.. and there were no marks... and thats the truth

I spanked my two boys and i was arrested and charged with DV.. misdemeanor 4 assault..

I signed up for deferred prosecution and I attended 4 parenting classes and paid a 300 dollar monitoring fee

whereby they check you on the computer for two years and the 300 is to pay for that they say

i was told at the end of the deferrement, that the record is dropped ...

now.. my lawyer hasnt been good, so make a long story short and she is completely ignorant of immigration..

my question is this a conviction? I dont have the money right now to get another lawyer..

i would like to know if i can answer the question on the form as NO to a conviction..

this happened in the state of washington...

Maybe i can find a legal service or someone who can tell me...

The answer is "NO", it is not a conviction. It is an arrest but not a conviction. If you complete your deferment, with no issues, then it is true, the record will be wiped clean as if nothing has ever happened. You would still have an arrest record but no one asks those questions on any forms/applications. Arrested for spanking????????

[pokernut 0]

I got a call from my lawyer and she said my DV case has been dismissed. and that it is not a conviction. So an arrest supposedly doesnt count i dont think... So im pretty happy about this outcome. I lost several thousand dollars, my apt, my job, my children for months, because of a system that assumes guilty till proven innocent, has no due process, allows heresay evidence, doesnt allow you to confront silent and unsubstantiated witnesses.. This process is similar to Nazi germany.. Just like i told the judge THIS IS BULLSHT ..

Edited April 5, 2007 by pokernut