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DO YOU HAVE TO BE ARRESTED FOR A CRIME TO BE PROSECUTED

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  • DO YOU HAVE TO BE ARRESTED FOR A CRIME TO BE PROSECUTED

    HI
    I'D LIKE SOMEONE TO ANSWER THIS QUESTION ON THE LAW, DO YOU HAVE TO BE EITHER QUESTIONED OR ARRESTED BY POLICE FOR THEM TO PROSECUTE YOU, OR CAN THEY SEND SOMEONES ACCUSATIONS STRAIGHT TO THEIR PROSECUTING ATTORNEY. I HAVE HAD ACCUSATIONS MADE AGAINST ME AND I HAVENT HEARD FROM POLICE YET. I AM WORRIED I AM GONNA GET A LETTER ONE DAY IN THE MAIL SAYING I HAVE TO APPEAR IN COURT AND I WILL BE DEPORTED. PLEASE HELP ANSWER MY QUESTION.

  • #2
    HI
    I'D LIKE SOMEONE TO ANSWER THIS QUESTION ON THE LAW, DO YOU HAVE TO BE EITHER QUESTIONED OR ARRESTED BY POLICE FOR THEM TO PROSECUTE YOU, OR CAN THEY SEND SOMEONES ACCUSATIONS STRAIGHT TO THEIR PROSECUTING ATTORNEY. I HAVE HAD ACCUSATIONS MADE AGAINST ME AND I HAVENT HEARD FROM POLICE YET. I AM WORRIED I AM GONNA GET A LETTER ONE DAY IN THE MAIL SAYING I HAVE TO APPEAR IN COURT AND I WILL BE DEPORTED. PLEASE HELP ANSWER MY QUESTION.

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    • #3
      Look at section 212. [8 U.S.C. 1182] in the "General classes of aliens ineligible to receive visas..."

      In general, if you commit a crime of "moral turpitude" you could be ineligible to receive a visa.

      Exception if you meet the following (stated in the same section)

      1) It is your first crime
      2) The crime of which YOU ARE FOUND GUILTY of, carries a maximum penalty of no more than a year
      3) The actual jail sentence is no more than six month (regardless of how much time you do. Even if you have it suspended and do no jail time).

      So, if someone accusses you of something, does not make you deportable. You need to be convicted or enter a guilty plea for you to be convicted.

      So, if you want to make a guilty plea, MAKE SURE that the maximum sentence contemplated, for the crime you are pleading guilty, in the statue is lower than a year, AND that the actual sentence that you receive is less than six months. If you do that you are safe. If either the maximum sentence is higher than a year, or if you receive more than six months, even if the sentence is suspended and you make no jail time, you could be deported.

      My two cents, but ALWAYS get two lawyers: A criminalist one and an Immigration one. It is better to have someone who knows about immigration to guide the criminalist lawyers. The latter sometimes get good deals (like 1 year sentences suspended) but that does not make any good to you.

      Good luck.

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      • #4
        They send you home a complaint if they decide to go ahead and charge you - then you'd need to go to the police station to be booked. Or they can arrest you, send you to the county jail to be fingerprinted/photographed, then they release you on bond or your recognizance. Good Luck!

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