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Questions Answered by Stanley Dale Radtke
2 Answers | Asked in Criminal Law for California on
Q: I had a felony case reduced to misdemeanor in 1992 for marijuana possession

I had a felony case reduced to misdemeanor in 1992 for marijuana possession

The DOJ still lists the felony convictions on my DOJ REPORT

At the bottom it’ says “reduced to misdemeanor”

How do I get the felony convictions removed ? The fbi record show and consider me... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 14, 2019

Have you looked at vacating your conviction all together under Health and Safety Code section 11361.8?

Check out the package put together by the Orange County Superior Court.

https://www.occourts.org/self-help/formpackets/forms/SHC-CRIM-12.pdf

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2 Answers | Asked in Criminal Law and International Law for California on
Q: Vacations in California

Hello everyone! I was on vacation in California and I have some doubts regarding some events that happened during my stay related to drugs (marihuana). I would like to receive professional advice while finding a lawyer. As for the advice, I do not care if it is by Skype or by other telematic way... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Aug 19, 2019

Dear Spanish Tourist:

What would be more helpful to any potential attorney in California is to tell us generally where this occurred. I am located in Oakland, in Northern California and could not really be of assistance in the Los Angeles Area as this is about 400 miles away.

I...
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3 Answers | Asked in Criminal Law, Personal Injury and Civil Rights for California on
Q: what type of lawyer do I get to handle a pc 4900 to pc 4904 to overturn my conviction that I have already done.

I have ALOT OF EVIDENCE to prove my innocence and much more ..

Stanley Dale Radtke
Stanley Dale Radtke answered on Mar 24, 2019

You need to look for a post-conviction criminal defense attorney, or a criminal appellate attorney who has experience with habeas petitions.

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1 Answer | Asked in Immigration Law for California on
Q: What does it mean if I have a charge showing on my us-fbi criminal record with no subsection?

Showing charge 1-alien inadmissibility under section 212, I was detained at the port of entry trying to pass the border with false passport, was finger printed pictured and let go, they did not tell me I was charged with anything serious so I am not sure what my charges are, my USCUS FIOA shows no... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Apr 4, 2018

INA section 212 is the grounds on inadmissibility. I would guess that your stop and detention at the border constitutes an expedited removal which is in the records of CBP, not USCIS. Furthermore, if you used a false document in order to try and gain entry into the US, you committed immigration... Read more »

1 Answer | Asked in Immigration Law for California on
Q: Im a barber and make 17,000 dlls a year. Should i wait to apply on the Citizenship till i make more money?

Should i wait till i make more money or do they not care on how much i make?

Stanley Dale Radtke
Stanley Dale Radtke answered on Apr 4, 2018

USCIS does not care how much money you make for the purpose of naturalization. However, the do care that you pay your taxes and that you do not owe any child support.

2 Answers | Asked in Immigration Law and Legal Malpractice for California on
Q: The person we have helping our mother prepare her immigration papers is asking us to see a psychiatrist.

So I'm petitioning for my mother to get her green card. The problem is that my father and her keep insisting on using people that aren't lawyers to save money. My father's divorce with his former wife, who he hadn't even seen in 30 years, took almost 2 years. Finally they took my advice and got a... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Apr 4, 2018

Sounds like your "notario" is working on an I-601A waiver. These are difficult to obtain and I agree that using an non-licensed amateur is risking a seriously adverse consequence if your mother is ordered deported and barred from any immigration benefit for 10 years.

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2 Answers | Asked in Immigration Law for California on
Q: I'm part of the Deferred action for childhood arrivals (DACA) can I apply for a u.s passport in California?

AB540

Stanley Dale Radtke
Stanley Dale Radtke answered on Apr 4, 2018

You will need to apply for a passport from your home country. If there is a consulate in California, then go and apply there.

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1 Answer | Asked in Immigration Law on
Q: Hello. i left the usa wih a voluntery departure in 2012. ıs that mean i can never get a visa again?

when i was usa i filled the form I-539 for reinstatement the status and one and half year later my case was approved. and i lived the states in 2012. yesterday i applied for a visa and bur i m refused. the officer said that i live the satate with a voluntery departure. how can i show them that my... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Apr 4, 2018

The short answer to your question is to make a FOIA request for you alien file, unless you have retained your documents that show you were reinstated.

1 Answer | Asked in Immigration Law and Consumer Law for Colorado on
Q: I am on h4 visa and I have a lot of hotwheels cars. Can I sell them online ?

I am on h4 visa and I have a lot of hotwheels cars. Can I sell them online ?

I have a lot of hotwheels cars which I bought from a collector. We have used 40% of them but still 300 cars are in boxes as they are repeated cars.

I bought those 500-600 cars for my son's birthday.... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Apr 4, 2018

Yes you can sell your personal property on line without offending your immigration status. However, you may have a duty to report this income to the IRS. Please consult with a tax specialist on what is required to remain in compliance with tax law.

1 Answer | Asked in Criminal Law for California on
Q: spongement help

i have to fill out the application to start the spongement process and it is complicated, i do not understand how to fill out the application.

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 13, 2017

If you live in Alameda County, the public defender's office was a clean slate clinic that helps people to clean up this record.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for California on
Q: what does this exactly mean for my husband? On 10/17/17 this was the opinion regarding his appeal (criminal conviction)

Signed Unpublished) The orders revoking probation are affirmed. The matters are remanded to the trial court for resentencing consistent with this opinion. The petition for a writ of habeas corpus is summarily denied.

Thank you for your help

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 24, 2017

Short answer, your husband's appeal was unsuccessful. He will remain incarcerated under his original sentence which granted him probation, either ISS or ESS.

1 Answer | Asked in Immigration Law for California on
Q: Been deported twice and is now in deportation proceedings can I get legal help to stop deportation
Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 24, 2017

The only potential recourse you have available at this juncture is to seek protection under asylum law, withholding, or alternatively protection under CAT. However, you may not be eligible for release from custody and will have to fight your case in detention.

1 Answer | Asked in Criminal Law for California on
Q: Can the District Attorney use my medical records that they subpoena'd from the hospital in a case, if they haven't

successfully served me?

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 24, 2017

Short answer is yes. The evidence would come in under the hearsay exception as a business record, authenticated by the record keeper as true and correct.

2 Answers | Asked in Criminal Law for California on
Q: I cant clear it it was for a pc 192a voluntary manslaughter. Im trying to get the certificate of rehabilitation.

But im looking for some help with doing the papers work so i can be sure its being done correctly.

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 24, 2017

In filing a Certification for Rehabilitation, you have the right to an appointed attorney to assist you.

I see that you listed your address as San Leandro in Alameda County. I would check with the Alameda County Public Defenders....
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3 Answers | Asked in Immigration Law for California on
Q: I’m a 28 year old us citizen my mom lives in Lebanon I’m trying to figure out the steps I need to take to bring her here
Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 27, 2017

You must first file and I-130 visa petition and when approved, proceed through consular processing via the NVC.

Stanley Radtke

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1 Answer | Asked in Immigration Law for California on
Q: I was married to an American citizen, he never fixed my immigration status. I have DACA. Can I still fix it w/o him?

He was mentally and emotionally abusive. We are divorced now. He tried to get full custody of our kids using the excuse in not legally in the USA and that I could be deported at any time. We were married for 8 years.

Stanley Dale Radtke
Stanley Dale Radtke answered on Sep 11, 2017

I would look into the possibility of filing a VAWA petition.

1 Answer | Asked in Immigration Law for New York on
Q: I have DACA and getting married soon he's a citizen. What are my chances in getting a Visa/ residence through marriage?
Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 18, 2017

The issue in your situation is how you entered the US. If you entered without inspection (EWI) than you are ineligible to adjust your status in the US.

1 Answer | Asked in Immigration Law for California on
Q: Are there any Civil Surgeons that go to Adelanto detention Center for I-693?????
Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 18, 2017

Not that I am aware.

1 Answer | Asked in Criminal Law for California on
Q: I got caught shoplifting at a store and they made me sign an agreement not to shop there any more.

I'm worried though that they can still file criminal charges against me -- can they?

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 30, 2016

The short answer is yes. But it would not be the store that files charges, it would be the District Attorney's Office in your local county that files the criminal complaint in the superior court after reviewing the police report.

1 Answer | Asked in Appeals / Appellate Law for California on
Q: Is there any way to appeal an immigration order of deportation?
Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 30, 2016

It depends upon the form of the deportation order. If you had a hearing in front of an immigration judge and the court made a decision on any applications for relief you filed with the court, then yes, you have 30-days to file a notice of appeal to the BIA, or Board of Immigration Appeals.... Read more »

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