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Dismissed battery Charges

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  • Dismissed battery Charges

    I got arrested for battery in december 2004. The charges were dismissed and expunghed. I am merried to a US citizen and had a AOD interview in august 2005. The officer asked me to send him a certified copy of court disposition. The only thing I am worried about is that it was a Pre trial Diversion (PTD). the court solicitor aske me to do a 24 hr community service, Anger management and 3 months of probation. If convicted I could've got 12 months in prison. How bad it is for me to get my green card or citizenship?

  • #2
    I got arrested for battery in december 2004. The charges were dismissed and expunghed. I am merried to a US citizen and had a AOD interview in august 2005. The officer asked me to send him a certified copy of court disposition. The only thing I am worried about is that it was a Pre trial Diversion (PTD). the court solicitor aske me to do a 24 hr community service, Anger management and 3 months of probation. If convicted I could've got 12 months in prison. How bad it is for me to get my green card or citizenship?

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    • #3
      The key is not to get convicted and or admit guilt.

      Did your wife drop the charges? If so you should be fine.

      Was there an admision of guilt on your part? if so the service may give you a hard time and consider it a "Moral Turpitude" offense.

      So the bottom line is, a crime involving moral turpitude need not have resulted in a conviction for it to render a person deportable/inadmissible, and admitting to an act that has the elements of a crime involving moral turpitude is sufficient fo deportability/bar entry.

      I reccomend that you contact an imigra lawyer for advice

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      • #4
        my understanding is, even if the wife dropped the charges, the state can pick it up and prosecute. someone on immigrate2us.net was talking about this. she said that they go by your original sentence, not the sentence that you actually served. but that is just hearsay. i would consult a lawyer.

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        • #5
          Thanks Guys.

          it was not my wife who press charges, it was the other person.

          He dropped the charges and I plead not guilty and requested expungment. For that they ask me to go throught the whole process of probation, anger management and community service. If it was not for expungment I would have walked out of there with this on my record for the rest of my life.

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          • #6
            Its me again.

            According to my research battery is not a crime of moral turpitude, but again it varies state by state. unfortunately the state I am in allows upto 12 months in prison and that makes it complicated. for anything that you can get 12 months is considered a crime of moral turpitude.

            Now if anyone can please direct me in the right direction, whats the best next thing to do?

            I am going to send them the court documents today.

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            • #7
              I plead Not Guilty. I am in Georgia

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