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Questions Answered by Stanley Dale Radtke
2 Answers | Asked in Criminal Law for California on
Q: Missed court date due to covid exposure how can I get warrant recalled without coming into

The public defender tells me to come in but I can't I'm stay put order due to covid exposure how can I get the warrant recalled and new date set up

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 31, 2020

You have an attorney, the public defender. You should listen to your legal counsel.

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1 Answer | Asked in Criminal Law for California on
Q: Does the 3 strikes law still apply today

My boyfriend got a ride to sacramento from a friends girlfriend that he had never met before to go to his physical therapy appt. On the way back they got pulled over and the dog found 10 oz of meth and some heroin in a spot in the girls engine compartment. My boy friend was nothing but cooperative... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

I would assume that your boyfriend was represented in the criminal court by an attorney. He would have consulted with his attorney before accepting any plea, or negotiated disposition. I would suggest that your boyfriend discuss this with his lawyer and if there is a good faith reason to withdraw... Read more »

2 Answers | Asked in Criminal Law for California on
Q: What does. Case number 9999999 mean

In criminal law

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

No idea. Case numbers only make sense in relation to a specific court. For instance, Los Angeles County Superior Court, case number XXXXXXX.

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1 Answer | Asked in Divorce and Immigration Law for New York on
Q: Got my 10 year green card end of November 2020, if I get divorced now can it cause immigration issues?

I got my 10 year green card on November 28, 2020 and my spouse got physically violent earlier December for which he was arrested. He wants a divorce now. By law in NY the divorce would be no fault and cause would be irretrievably broken for 6 months(from August 2020 if divorce gets filed in January... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

If you have successfully removed your conditional residency and obtained your "10-year" green card, then any subsequent divorce will not effect your immigration status.

Now, your husband can say anything he likes to immigration to try in order to try and harm your status, but if...
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1 Answer | Asked in Uncategorized for California on
Q: I'm college student. I planning to become a lawyer, do I must to go to law school and how do I get experience ?

I'm originally from Ukraine and been living in California for past 3 years. I'm enrolled in college right now and planning to transfer but I'm still not sure is this is what I can do for the rest of my life (being a lawyer) and my fear is to take a loan for university and for the law... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

I would suggest working for a lawyer, or law office, as an assistant first, to get exposure and some experience in the legal profession to see first hand if the work is something you would enjoy doing. If you cannot obtain a paid position, then you could always ask to work as an unpaid intern to... Read more »

1 Answer | Asked in Immigration Law for California on
Q: 1. Can she apply for OPT EAD while her I-485 AOS is pending? 2. Will this negatively impact the 485 aos application?

Hi,

My wife and I applied for I-130 and I-485 concurrently about 6 months ago. She is on F1 status and will be graduating in Spring 2020. I-130 has been approved so we are currently wait for I 485 approval. 

Due to the current administration and corona virus delays we do not know... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 30, 2020

In essence, your question is can my spouse work while her adjustment of status application, Form I-485, is in process?

Form I-485 is an application that must be filed to register a foreign national’s permanent residence or adjustment of status. As part of the adjustment of status process,...
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2 Answers | Asked in Criminal Law and DUI / DWI for California on
Q: Hello my name is Latrise I am looking for a pro bono lawyer for my fiance.

He was sentenced to 9 yrs for DUI with gbi .he was not offered an rehabilitation or a recovery home. if there is any pro Bono lawyer that's taking new cases

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 10, 2020

If your fiancé was convicted after trial, or after a guilty plea, then he has as a matter of right the ability to file an appeal within 60-days of the date of judgment. If he cannot afford an attorney, he will have an attorney appointed at no cost.

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1 Answer | Asked in Criminal Law for California on
Q: Law.Justia.com, Cal app.3d, Volume 144 People V. Salazar (1983) "Posted for 37 yrs". 22 yrs ago received California CR,

This is inflammatory information of reports that were not charged, used only as to show MO and admitted without any rebuttal or proper defense. Later overturned. Now, application for "Pardon is pending" at Justice Dept. 37 years with no further criminal charge what so ever. It... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 8, 2020

Dear Raphel: The process to de-publish a case is as follows:

2020 California Rules of Court

Rule 8.1125. Requesting depublication of published opinions

(a) Request

(1) Any person may request the Supreme Court to order that an opinion certified for publication not be...
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1 Answer | Asked in Criminal Law for Arkansas on
Q: What happens if a defendant never received notice if court date
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

If a defendant has a court date and fails to appear, the court will issue a bench warrant for that failure to appear.

1 Answer | Asked in Immigration Law for California on
Q: My wife has a 10 year green card. Can she apply for Medical without it electing her citizenship application

She was laid off and lost her medical insurance and is pregnant

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

See the USCIS Webpage for information regarding the Public Charge Rule:

https://www.uscis.gov/news/public-charge-fact-sheet

1 Answer | Asked in Immigration Law for California on
Q: What do you think a reasonable hourly rate is for a non-medical expert witness (a Ph.D.) in an immigration case? Thanks.
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

Our office uses many expert witnesses in our legal practice. The fee would depend upon what in fact the expert is asked to do. Most of our experts work on a flat fee basis for the specific task requested.

1 Answer | Asked in Immigration Law for California on
Q: Is it possible for my father to get his green card without leaving the country?

My dad is 56 years old, has lived in the US since he was 17, he does not pay taxes, he has 6 children (only 1 under the age of 18), his wife (my mother) is a resident. He is the sole provider for the family (All other siblings live with the parents while they go to school) including my mom who has... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 7, 2020

Not possible to answer your question without more information. There are many grounds of inadmissibility and entering the US without permission is merely one. There are criminal bars to admission and the public charge ground to admission. My suggestion would be for your father to consult with an... Read more »

2 Answers | Asked in Immigration Law for Illinois on
Q: My husband only married me to get his green card i left him??
Stanley Dale Radtke
Stanley Dale Radtke answered on Dec 3, 2020

https://www.ice.gov/identity-benefit-fraud

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3 Answers | Asked in Immigration Law for Texas on
Q: Unable to obtain certified copies of disposition due to court only keeping for 5 yrs, what are other options?

In 2009 I received an MIP, alcohol - citation only no arrest. County court only keeps records on Class C misdemeanors for 5 years. I am planning on filing for citizenship but don’t have the certified document showing what the disposition was. I however do have the copy given to me from clerk... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 19, 2020

Technically, the citation was an arrest. The officer cited you for an offense, released you on your own recognizance, and ordered you to appeal at a later court hearing. If you went to court and paid a fine, you have a conviction for the offense. The question then is whether the offense was an... Read more »

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1 Answer | Asked in Criminal Law for California on
Q: Is it legal for the police to search your car after being pulled over for a license plate light being out and your D.L.

is expired ( NOT suspended ). and your NOT on parole or probation.. and handed him a valid CA identification card??

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 16, 2020

This is such a fact specific question that it cannot be answered on an online forum. You should consult with an experience criminal defense attorney.

But, for general information, here is a primer.

https://www.nolo.com/legal-encyclopedia/car-searches-following-police-stop.html

2 Answers | Asked in Criminal Law for California on
Q: A YouTube channel is claiming that there videos are real, but in fact they are fake & profiting from them how to stop it

If they are committing fraud what can i do to stop them - Have evidence, and their viewers are mostly younger

email Youtube few week & no response

Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 16, 2020

Why not try to report the fraud to Youtube first.

https://support.google.com/youtube/answer/2801973?hl=en

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2 Answers | Asked in Criminal Law for California on
Q: I was pulled over for a traffic stop I wasn't on probation or parole I told the officer I told the officer know you can,
Stanley Dale Radtke
Stanley Dale Radtke answered on Nov 3, 2020

If you voluntarily consented to a search of your vehicle, then anything the officer found inside is admissible and cannot be excluded under the Fourth Amendment.

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1 Answer | Asked in Immigration Law for California on
Q: apply greencard for wife(lives out of usa ) first or apply citizensip for me ? i am dv greencard holder more than 5 yr.

its been more than five years , green card holder . i want to apply for my wife. so i want to figure out which one is the best to do at first either apply for her or apply citizenship for me . which one gonna be easy and fast?

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 20, 2020

Another alternative is to fill both at the same time. Once the I-130 is approved for your spouse, then, if you naturalize and become a US citizen, your visa petition automatically become an immediate relative petition.

3 Answers | Asked in Immigration Law for North Carolina on
Q: If my current greencard expired while waiting to receive the renewed card, how could I keep my job?

To be precise, I haven't been able to file for greencard renewal at this point. I will most likely not going to get a renewed card before the expiration. I currently work full-time. What needs to be done to keep my job after I submit I-90 for greencard renewal? Thank you,

Stanley Dale Radtke
Stanley Dale Radtke answered on Oct 20, 2020

This quote is directly from the USCIS website.

"If you need evidence of your lawful permanent resident status while waiting to receive a replacement Green Card, we may issue you an Alien Documentation, Identification & Telecommunications (ADIT) stamp after you file this form."...
Read more »

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