It looks like your question is diving into the world of "Crimmigration," where criminal and immigration law meet. If you've got a green card and get a DUI, it could mess with your good moral character standing for 3-5 years. Things get even trickier with domestic violence cases –...View More
The outcome of a green card application can be influenced by your criminal history. While the dismissal of your domestic violence charges is positive, the presence of two DUI offenses, especially with one being recent, may impact your application. U.S. Citizenship and Immigration Services (USCIS)...View More
(b) For the purposes of this section: (i) “Criminal negligence” shall mean: Conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences.... View More
Under Title 18 USC Code Section 3613(b), the term "Criminal negligence" is defined as conduct that significantly departs from what an ordinary prudent or careful person would do in the same circumstances, to the extent that it shows a lack of proper regard for human life or indifference...View More
When my brother attacked me, he punched me in the face and broke my face open. I had gone to the hospital and had to get stitches. The cops came to the house after my brother punched me but I didn’t press charges then. While at the hospital my husband (who witnessed the assault) called the cops... View More
It's not too late for you to file a complaint with the police department. It is up to the police whether or not to investigate it. It is up to prosecutors whether or not to bring evidence to a grand jury, get an indictment and charge your brother. You have other options in addition to this....View More
The answer is most like yes, your statement is admissible. The police will argue that you were not in custody at the time you made the statement. Miranda warnings (rights, as you call them) are only required to be administered when you are not free to leave and the police question you. You need...View More
This is a very bad idea. It will be interpreted as an attempt to connect with her, in violation of the order. Maybe you could argue that is not your intent, but I highly doubt that a judge will believe you. Don’t do it.
my son was inpatient at a psychiatric hospital for trying g to commit suicide.he told the drs he is being sexually abused by his biological father. There is no a pending investigation open with dcyf due to this information. The biological father will be here in a few days to pick him up. How can I... View More
The court date is in 5 months and it seems the neighbor has pointed their cameras at his front driveway to enforce no contact. After research we found this is legal as the area is deemed public with no expectation of privacy. However the partners statement was made immediately while under distress... View More
This public forum is not the place to discuss the details. As much as you want to help, remaining silent is your friend's right. Your friend will be best served by the confidential advice of a licensed attorney.
Long story short my boyfriends grandmother was harassing and yelling at him to pick up two small stones of concrete. He told her to stop giving an attitude or he was not going to do so. She continued to follow him around the yard, as he opened my car door she then pulled my door back, pushed him... View More
Domestic charges are serious and potentially a felony depending on the grandmother’s age. Your boyfriend needs a lawyer. It may be possible to get the charges dropped, but there is no ‘one size fits all’ answer. Please contact and retain an attorney. Don’t try to do this alone. I hope...View More
They know because of a complaint, or a text message, or an email, or because of a witness.... or many other reasons. There is no one answer. If you say there is a violation, that may be enough. If there is a voicemail, the police will want to listen to it. If you have a restraining order...View More
I would like to hire an attorney but I am looking at being fired because I have had to miss so much time at work to go to court. I have not one thing on my record and have had 2 restraining orders on him in the past. I dont understand how they cannot see that I was not the aggressor.
You should follow through with your plan to hire an attorney. It’s important that you present a strong defense with an effective presentation of the evidence that demonstrates you were not the aggressor.
If I regret my decision to call the cops and believe I have no evidence against the defendant who wants to take it to trial what is the smoothest way for me to have the case dismissed? I just want it to be over and not backfire on me.
The victim cannot dismiss a charge. The victim can communicate, however, that he/she does not wish to go forward. That may lead to a dismissal, depending on the facts. You should discuss this matter with a lawyer before you do anything in order to avoid any issues.
They did not as such I was scared and called the police. I wanted them to leave me alone and they refused then continued to verbally threaten me, harass and get in my face when I was near the female. To me this is 100% illegal. Situation was in Cranston, Rhode Island.
"Near the female" situations can be challenging both for humans and their companions. If the situation stops when you are not near the female, avoid being near the female. Free speech does have some limits. Contact your attorney if you are interested in bringing a lawsuit for the...View More
So I was 8 months pregnant when my boyfriend hit me because we had just broke up. He made me so emotional because I was at the end of my pregnancy and he left me for someone else. But after he hit me I called the cops and they arrived 5 minutes later. But he was not at the scene. The police decided... View More
Don’t lie for him. The felony on his record is not your fault. It’s not your job to ‘get it off his record.’ You could benefit from some private legal consultation. Even if you are now on good terms, there is no real excuse for striking a woman, much less one who is 8 months pregnant.
If the threats are of imminent physical or bodily harm, seek a protective order. If your local law enforcement will not assist you in removing this now unwelcome guest, you may have to file a formal eviction. This is where the help of a private attorney will be most useful.
Children who are unwanted by parents and guardians oft end up in state custody. Meet with your attorney, either the one who assisted you with the Guardianship, or any other attorney of your choice, to discuss your options.
Her new boyfriend and one of the children. When she arrived in Rhode Island she filed a domestic violence complaint with the courts in R.I. and she alleges the violence occurred in NC. Shouldn't she file in NC? Fyi- she filed this complaint to prevent my brother from driving to RI to bring... View More
A2: Your brother would be well advised to consult with an attorney or two (one in each jurisdiction) to understand how the court handles the jurisdictional issue you present on his behalf. When there is a custody order in the foreign(to RI) jurisdiction, the case will normally be heard there. BUT,...View More
I am sorry for your situation. Domestic crimes are viewed very cautiously by judges and prosecutors. The penalties are more severe, usually requiring batterers intervention classes for six months. Domestic cases are also harder to seal or expunge, and the wait before expungement is longer. It...View More
My bf is being charged with B&E after a dumb argument we had in my apartment. He isn’t technically on my lease, but he does pretty much live with me. He is asking me to write in his name on the lease I do have, without telling the landlord. Is this illegal? If I do do this( will they contact... View More
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