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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Help! Facing possibe misdemeanor charge.
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Associate Member
Posted
Need help! I'm a foreigner who work in the US.

I was told that I might (not sure) be charged with a misdemeanor because I was involved in an auto fraud case. I drove and collided to another car. The accident was not serious and my car was damaged but the car only worth several hundred dollars. But as a foreigner, I thought I would be considered as a threat to the public safety and I had heard people were arrested after car accidents . I also heard that people went to jail because of driving without car insurance. Afraid of going to jail, I upgraded my car insurance(I had the "liability" type car insurance when the accident happened) to full coverage before reporting the accident. They easily found out the truth and reported to the government.

It turns out that it's fine to drive without car insurance in this state. But it's too later for me to regret. Though I never got any money or benefit from the false insurance claim, I'm in serious trouble now. Might be deported and lose my beloved job and have many other consequences.

Please give me some advice. A lot of Thanks!

This message has been edited. Last edited by: Torok,
 
Posts: 6 | Registered: 05-18-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of ProudUSC
Posted Hide Post
Hi Torok,

Welcome to ILW. I don't think one misdemeanor is going to get you deported from the US. Have you spoken to a lawyer?


God Bless America and everyone else!
 
Posts: 5534 | Registered: 02-07-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of speed_025
Posted Hide Post
quote:
Need help! I'm a foreigner who work in the US.


which type of Foreign worker? legit ( with employment visa /LPR or undocumented?)

If you're legit the usual procedure is
you just give your phone number, info and insurance
to the owner of the car you collided, then he's the one who's gonna ask for the police report
so your insurance will pay for it.

Not unless you want your insurance to repair
the damage of your car, then you need a police report.

Since you said you just renew your insurance
after the accident.
You need to talk to your insurance co.
about it.The insurance will pay for it but
they will increase your payment.

If you are undocumented without a driver's license then yeah you can get into trouble.

As ProudUSC said you need a lawyer.

This message has been edited. Last edited by: speed_025,
 
Posts: 1361 | Registered: 01-22-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Houston
Posted Hide Post
It's a very complex case and you need to speak to a lawyer.

What is the charge? Are you under indictment? If so, what's the statute involved? These are all questions that you need to answer when speaking to your lawyer.

Insurance fraud, if that's the matter involved, is a very serious crime. If the car was worth nothing, why didn't you just trash it?

Lots of people just junk their cars, donate them to some charity, or just dispose of them. But filing a false insurance claim is a very serious offense and you just revealed your motive for all to see , avoiding penalties for lack of coverage.

Ironically, driving without insurance is a non-CIMT, but filing a false claim is a CIMT and in some cases even a felony.

Again, you need to speak to a lawyer as soon as possible, make sure you don't continue to make mistakes along the way.

-THIS IS NOT LEGAL ADVICE-
 
Posts: 1744 | Registered: 12-19-2005Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
Posted Hide Post
Thanks a lot: ProudUSC, speed_025 and Houston.

Yes. I'm a H1-b worker and I have a driver's license. I have been driving very carefully and never thought I would have an accident. The accident happened at public place. The police found me and asked me if I had car insurance and he asked me to report it to the insurance company. I felt I had no choice and I didn't know it is serious stuff. I didn't want to do bad things or hurt anyone in any way.

I just got a lawyer. He didn't say much but he said he would meet me again in a couple weeks. I'm not productive at work these days.

Really thank you all for the advice!
 
Posts: 6 | Registered: 05-18-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of 4now
Posted Hide Post
quote:
Originally posted by Torok:
Thanks a lot: ProudUSC, speed_025 and Houston.

Yes. I'm a H1-b worker and I have a driver's license. I have been driving very carefully and never thought I would have an accident. The accident happened at public place. The police found me and asked me if I had car insurance and he asked me to report it to the insurance company. I felt I had no choice and I didn't know it is serious stuff. I didn't want to do bad things or hurt anyone in any way.

I just got a lawyer. He didn't say much but he said he would meet me again in a couple weeks. I'm not productive at work these days.

Really thank you all for the advice!


Please clarify for the record.

Did you have liability insurance and you called to upgrade your policy to full coverage?

Or are you saying that you did not have insurance period, and were just rolling the dice so to speak?

Houston is correct. This is a very serious crime to be accused of. make sure you get an attorney that specializes in both immigration and criminal matters. Be very careful what you will accept as a plea bargain.
 
Posts: 3600 | Registered: 09-27-2003Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
Posted Hide Post
Thanks a lot, 4now

Yes. I had insurance at that time.

Then I called the insurance company asking about my insurance information. They said that mine was "liability" and there were others like "comprehensive", "collision" , "deduction",and "full" coverage. Though I couldn't understand the terminology, I thought " full coverage" would be better.
 
Posts: 6 | Registered: 05-18-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of 4now
Posted Hide Post
quote:
Originally posted by Torok:
Thanks a lot, 4now

Yes. I had insurance at that time.

Then I called the insurance company asking about my insurance information. They said that mine was "liability" and there were others like "comprehensive", "collision" , "deduction",and "full" coverage. Though I couldn't understand the terminology, I thought " full coverage" would be better.


ok thats good. you upgraded to full coverage. Im sure your agent smelled fish right away when someone $500 vehichle 4full coverage Frown

In anyway, what was the wording in the complaint? Your accident happened while you had liability coverage. no problem there, the damages would be out of pocket expense.

What deductible did you option for under the full coverage? I am sure the deductible exceeds the damage.. correct?

Now... the killer question is.. Did you file the claim asking for your own vehicle to be fixed based on the full coverage and did you falsify the date that the accident occured?
 
Posts: 3600 | Registered: 09-27-2003Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of davdah
Posted Hide Post
Good one 4now. That is the only issue that can cause him a problem. A slip of the pen on the accident date, hmmm.



Vote Republican and this country will still be worth sneaking into.
 
Posts: 4261 | Location: San Antonio TX | Registered: 06-08-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of MakeItRight!
Posted Hide Post
Something Has been left out???? why a problem unless trying to collect from the insurance co. Didn't Mention that. Is He saying He filed a claim under the upgraded insurance he got after the accident Occurred? Which at the time was Liability coverage.
 
Posts: 3244 | Registered: 05-03-2008Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
Posted Hide Post
Thanks a lot!

Yes. I upgraded the insurance plan one hour after the accident. Then another hour later I claimed the accident.

The deduction might be $500 and I payed $700 when I bought the car 1.5 years ago.

I never asked them to fix my car.

The 1st time I called the insurance company was to ask them to call the towing garage guy. The day after the accident, the towing garage guy didn't let me to take the car back and he was charging me $50 a day for the storage. He said he needed the insurance company's order to release the car. Finally, several days later, the towing garage guy charged me almost $500 and released the car.

A few days later the insurance company's investigation ended. I called them the 2nd time and apologized for costing them so much time and energy on my case. I did asked them for advice about how to deal with my car: will they take it, or I have to trash it (but there was no trash can big enough to put the car in). They said that it was my property and they didn't care.



quote:
Originally posted by 4now:


ok thats good. you upgraded to full coverage. Im sure your agent smelled fish right away when someone $500 vehichle 4full coverage Frown

In anyway, what was the wording in the complaint? Your accident happened while you had liability coverage. no problem there, the damages would be out of pocket expense.

What deductible did you option for under the full coverage? I am sure the deductible exceeds the damage.. correct?

Now... the killer question is.. Did you file the claim asking for your own vehicle to be fixed based on the full coverage and did you falsify the date that the accident occured?

This message has been edited. Last edited by: Torok,
 
Posts: 6 | Registered: 05-18-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of MakeItRight!
Posted Hide Post
Torok,

You Claimed The Car under The Full Coverage one Hour After The Accident??? Or Tried????
 
Posts: 3244 | Registered: 05-03-2008Reply With QuoteEdit or Delete MessageReport This Post
Associate Member
Posted Hide Post
I claimed the accident happened after upgrading the insurance plan from "liability" to "full".


quote:
Originally posted by MakeItRight!:
Torok,

You Claimed The Car under The Full Coverage one Hour After The Accident??? Or Tried????
 
Posts: 6 | Registered: 05-18-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of MakeItRight!
Posted Hide Post
So Many Come To America Thinking Illusion Of GRANGER! America Easy, Simple, Honest!

Even Americans Suffer Greatly For Ignorance! The Laws Are EXTREME! Overly Complicated!

See My Friend, Not Easy Here Either. You May Or May Not Have understood?

Always Tell The Truth!!! If You Didn't Understand, Speak It! I Think You Be Ok Because You Didnt Press Forward Insisting The Insurance Company Cover You Under Full Coverage?

Even Tiny Things Like This Are Big Issues To AMERICANS! If You Are Caught!

If You Didn't Understand??? Make That Clear!!!

America Is So Very Complicated!!!

Continue To Ask Questions, Here and Elseware, Every Tiny Detail Really Does Matter Here!!!

Remember ILW is Only Guidance! Possible Suggestions Based On what You Write!

Do Talk With An Attorney!!!!
 
Posts: 3244 | Registered: 05-03-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of ProudUSC
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quote:
So Many Come To America Thinking Illusion Of GRANGER!


What is granger? A new word???


God Bless America and everyone else!
 
Posts: 5534 | Registered: 02-07-2007Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of MakeItRight!
Posted Hide Post
quote:
Originally posted by ProudUSC:
quote:
So Many Come To America Thinking Illusion Of GRANGER!


What is granger? A new word???

Granger = Heaven Like, Paradise, Ultimate Destination, Place Of Serenity Without Conflict!
 
Posts: 3244 | Registered: 05-03-2008Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Picture of JediKnight
Posted Hide Post
quote:
Originally posted by ProudUSC:
Hi Torok,

Welcome to ILW. I don't think one misdemeanor is going to get you deported from the US. Have you spoken to a lawyer?


Proud, doesn't FRAUD count as a crime of moral turpitude?

yep just WIKI'd it and it is!

http://en.wikipedia.org/wiki/Moral_turpitude
 
Posts: 616 | Registered: 05-09-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of ProudUSC
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Hey JK, he said the word misdemeanor, so I didn't think too much beyond that. Normally, a misdemeanor does not equate to deportation. But, I guess his situation is not finalized. That's why I suggested he speak to a lawyer.


God Bless America and everyone else!
 
Posts: 5534 | Registered: 02-07-2007Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Picture of JediKnight
Posted Hide Post
quote:
Originally posted by ProudUSC:
Hey JK, he said the word misdemeanor, so I didn't think too much beyond that. Normally, a misdemeanor does not equate to deportation. But, I guess his situation is not finalized. That's why I suggested he speak to a lawyer.


Yeah an Attorney would be a good idea, if HE IS found guilty of fraud though he has a REAL problem..
 
Posts: 616 | Registered: 05-09-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of ProudUSC
Posted Hide Post
quote:
Originally posted by JediKnight:
quote:
Originally posted by ProudUSC:
Hey JK, he said the word misdemeanor, so I didn't think too much beyond that. Normally, a misdemeanor does not equate to deportation. But, I guess his situation is not finalized. That's why I suggested he speak to a lawyer.


Yeah an Attorney would be a good idea, if HE IS found guilty of fraud though he has a REAL problem..


Yes, JK, I agree. It doesn't sound like he received any compensation, but the intent was there - that could be the kicker. I wish him well just the same. There are worse situations out there and I think he was just scared and made some bad decisions.


God Bless America and everyone else!
 
Posts: 5534 | Registered: 02-07-2007Reply With QuoteEdit or Delete MessageReport This Post
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