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Reckless driving charge in TX... court date after visa expires. HELP!

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  • Reckless driving charge in TX... court date after visa expires. HELP!

    my husband got arrested and charged with reckless driving in TX. He has had a very clean driving record for the past 12 years. We're trying to get in touch with a lawyer. I have two questions. First, what implications will this charge have on our ability to get a visa to the US later on. Second, the court date is after the date our visa expires. We are trying to get the date changed but what if we can't what are we supposed to do?

    Visa ends May 11. Court date May 28th. Please HELP!

  • #2
    my husband got arrested and charged with reckless driving in TX. He has had a very clean driving record for the past 12 years. We're trying to get in touch with a lawyer. I have two questions. First, what implications will this charge have on our ability to get a visa to the US later on. Second, the court date is after the date our visa expires. We are trying to get the date changed but what if we can't what are we supposed to do?

    Visa ends May 11. Court date May 28th. Please HELP!

    Comment


    • #3
      Whats his current visa here? Tourist visa? working visa ?
      Talk to the prosecuting attorney to see if you can get a plea bargain or plead no contest and just pay the fines, while dismissing it from your husband's record.

      Comment


      • #4
        He is on an H1 B. Previously he was on an F1.

        Is it possible to get it off of his record if he pleads no contest? my understanding is that it will stay on his record as a conviction if he pleads no contest.

        And how serious is this charge in terms of getting a US visa in the future? in texas it's a clss b misdemeanor punishable by
        a) a fine not to exceed $200;
        b) jail time no more than 30 days;
        c) or both

        There were no accidents or any harm minor or serious to anyone or anything. But what happens if he does have to do jail time, or if they put him on deferred adjudication or probation for some time? What if our visa won't allow us to stay that long?

        Comment


        • #5
          It WILL stay in his record if he plead no contest. You need to make a plea bargain so it'll get striken out of his record, process varies from county to county. Sometimes they will want you to take defensive driving course in addition to the fine, etc.

          Don't know how serious a misdemeanor will be, but I tend to believe its not that big of a problem for his H1-B visa, especially since this one is related to traffic. IIRC, the I-485 form has a criminal related question, and its explicitly exclude traffic violation.

          Definitely, by any mean necessary. avoid jail time. For one thing, his employer might terminate his contract if he got stuck in jail for extended period.

          Comment


          • #6
            Thanks.

            Now what kind of visa would we need to come back in for the court date? Would we be able to even get a visa?

            Comment


            • #7
              Fari:

              When (date) was your husband arrested?

              In what county is your husband's case pending?

              I know that some courts (Judges)don't like to try reckless driving cases and therefore the ADA's are willing to play "lets make a deal" if the attorney will stand firm and ****er. That being said, let me add that deal making power also depends on the underlying facts of the case. In addition, my knowledge is limited to just a couple of Texas counties. (And Texas is HUGE.)

              Never-the-less, what ever your husband decides to do, DON'T let him go to court and try to handle this himself. The ADA's are there to prosecute, NOT to make friends with the Defendant.

              Your husband needs an attorney that practices in both criminal law and immigration law OR a criminal attorney that will consult with an immigration attorney before accepting that "really good plea bargain" the State (ADA) is offering.


              Okie Celt

              Comment


              • #8
                What is the big deal here? Reckless Driving is a traffic violation not a criminal offense - or am I wrong about that? It is just a traffic ticket where I come from... Now DUI is another story altogether...

                What is your intent with the H1B - are you planning to leave when it expires? In that case why would you care about going to court - the can't extradite you from your home country for reckless driving... Or were you planning to overstay the H1 visa....

                Just curious...

                ARQU

                Comment


                • #9
                  Based on the reply that you left while I was typing mine it appears that youi are leaving the country at the end of your visa. Personally - I would say s.c.r.e.w. the court system and leave. They will issue a warrant for your (his) arrest but who cares - they can't touch him unless he returns to their jurisdicition at some point in the future...

                  If you want to clear it up - go to the courthouse and/or make an appointment with the crown prosecutor and ask for a change in court date due to extenuating circumstances - tell them you will no longer be in the USA on the original court date. I promise you that they will take care of it becasue they know that as soon as you leave the country - they will never see a conviction - or their money...

                  Just my thoughts on the matter..


                  ARQU

                  Comment


                  • #10
                    Well, you see.... that's the thing... it should have just been a ticket but the officer apparently had a problem seeing two young people driving a 5 series BMW and it was Friday night so he must have thought we're out partying or something. This was in Fort Bend County in Houston. The problem is he arrested him so now my husband has an arrest record. THere was no drinking involved, no one got hurt, no car swerved or braked hard or anything. The guy just saw us speeding through a traffic light and overtaking another car and that was it.

                    We also want to leave our options open so that if we ever wish to visit the US or lets say later our company transfers us to the US, we would like to come back without any problems. That's why we're looking to clear this up.

                    We tried to get the court date changed but since the court hasn't even received our file yet (and from what we hear it may take as long as just a few days before our date, which would be past our visa end date) and so we just have to wait for that to go through first. And if we leave on the 11th and the court doesn't receive anything, what are we to do then? Will we be able to get a court date change over the phone?

                    Moreover, what papers would we need to get a visa to attend the court date?

                    Comment


                    • #11
                      I understand where you are coming from...

                      I don't have the answers but I doubt that there is a visa you could get for that... You REALLY need to talk to the prosecuter and explain the situation. Ask him/her how to proceed...

                      If you can't get an appointment, just show up on a court night, stand in line to plea your case with the prosecutor, then when you sit down with them, explain your situation and ask if you can make an appointment with him/her the next day to discuss...

                      This is only my opinion and I am not sure if it would work or not... Perhaps some of the others who are in the legal field might be able to offer their thoughts.... Aguila? Anyone else...

                      Good luck with everything!!!!

                      ARQU

                      Comment


                      • #12
                        just get an attorney and have charges dropped all together (or speeding ticket if cop has a radar reading). Basically you probably will have a preliminary hearing (you just plead there and also attorney you hire will plea bargin; additionally you will either request to have a judge hearing or jury) and if it is not resolved (hopefully dropped all together) then you will have an actual hearing and cop will have to show up to testify (50% of the time cops are no show at the hearing), if he does not, case should be automatically dismissed. Even if ALL charges are dropped you still will be asked if you were EVER arrested (N-400 - naturalization app) and answer will be 'YES'. I do not see what you worry about a VISA all about, you won't need to present a passport, just a driver's license...
                        ...Mistake Recognized is half corrected ...

                        Comment


                        • #13
                          A quick followup suggestion: Start calling immigration lawyers and ask them. Most will give you a FREE consultation over the phone if you call them and this is a very black and white question.

                          Although I normally tell people to talk to lawyers who only deal with immigration, this case might be different. Look up some law firms who handle both traffic and immigration law - they should be able to help shed some light...

                          Just pick up the phone and start calling - you will find someone who can help clarify what you need to do...

                          ARQU

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                          • #14
                            LongTimeHere: The issue she has is that the initial hearing is AFTER their visa expires. They will no longer be here in the USA at the time of the preliminary hearing.

                            ARQU

                            Comment


                            • #15
                              The "50% of cops doesn't show up" is mostly a myth. Cops got 3-4hours paid time to attend a proceeding like that. Think they won't take free money like that?

                              I'll do what ARQU recommends, go talk to the DA and ask for a deal. Considering his previous clean report, I doubt he will get anymore than fine and maybe taking a defensive driving class.

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