Disorderly Conduct

[Raj2002]

Me and my wife were talking in parking lot and somebody called 911 stating that I was screaming at my wife.....the police arrested me even though they didn't find any evidence for screaming or hurting my wife....even my wife said that we both were talking to each other and it was a misinterpretation by the person who called 911.

Now they arrested me for disorderly conduct (is it domestic violence)? and had to attend the superior court the next day. We attended the court and the next hearing is scheduled for Nov10....as discussed by the counseller.

Here are my questions.

1) At the first place I shouldn't even get arrested for some complaint made by a other person due to the way she interpretted things

2) Since I was arrested and taken the fingerprints....how would this affect my visa, green card procedure

3) Even if the case is dismissed would it still showup on the background check and hinder my job opppurtunitues

4) Do I need to take the immigration attorney in for my next hearing on Nov10

5) Also I am planning to go to India on Nov12 for visa stamping.....would this impact my approval.

I would greatly apreciate your help and advice.

Thank you,

[Raj2002]

Can somebody please suggest your advice/opinions.

Thank you.

[kabkaba]

If the case is dismissed or you are acquited, you should be fine. It will not affect anything. But you will need to mention it in Visa, Job applications if the question asks for arrests. But make sure you do not accept any plea bargains or such, those could be a problem. It will be good to consult an immigration lawyer before you make any statements.

[txh1b]

Here are my questions.

1) At the first place I shouldn't even get arrested for some complaint made by a other person due to the way she interpretted things
True. You should fight the case. I am surprised the PD even filed a case and the prosecutor is pursuing this. With no cooperation and witness of anything, they are bound to dismiss the case. Do not acccept a plea bargain or even a disorderly conduct. If the case results in a dismissal or a acquittal, many states offer the expungement program. Make sure you get all certified court copies (multiples) before you expunge the case as it will be needed for immigration. Once expunged, you are good to say no to arrest of jobs etc but for immigration.

2) Since I was arrested and taken the fingerprints....how would this affect my visa, green card procedure
You have to mention the arrest and you will be called for an in person interview during the AOS process for asking more details. Hence the court certified copies as in #1.

3) Even if the case is dismissed would it still showup on the background check and hinder my job opppurtunitues
Yes. Expungement is the solution for that.

4) Do I need to take the immigration attorney in for my next hearing on Nov10
Consult with one and they can educate you more. But remember...Do not accept a plea bargain and fight the case for a dismissal. Hire an attorney and spend some $$ now to save you many more in the future.

5) Also I am planning to go to India on Nov12 for visa stamping.....would this impact my approval.
Do NOT travel outside the country without a final resolution of the case. Many times consulates want a final court disposition and you will not have one landing you in a catch 22 situation. DO NOT TRAVEL.

[Raj2002]

Thank you kabkaba and txh1b for your inputs.

Since my next counselling date with Family relations is next week.....would I need to ask her the same questions about the dismissal...would she be the person to write the report on.......since me and my wife have already talked to her and told that this was a pure misinterpretation by the person who called 911. the superior court gave us 53-s82 for disorderly conduct.

Since the next hearing is on nov10 after the counselling from next week....would I need to take an immigration attorney with me? Because when I talked to one of the attorney she mentioned you wouldn't be needing one.

Also if the case is dismissed on Nov10.......it shouldn't be issue when I travel to India for the Visa right? also please suggest how can I get this removed from the history of my SSN, Finger prints, Case at police station for something which I shouldn't be liable at the first place....and this really hurts me for something which I haven't done WRONG.

Would really appreciate your advice.

Thank you.

[txh1b]

From what you mention, it does look like you already took a plea bargain for disprderly conduct and are going through the steps for probabtion. Help us understand what is going on with the court. Did you have a preliminary hearing on the case? Are you out on bond. At the worst case, disorderly conduct is not a CIMT and will not hurt your immigration but will be a hassle for the process as you will have additional documentation to be produced at every stage.

[Raj2002]

Not sure the legal steps involved here.

1) since the very next day I was arrested and the finger prints were taken....I was told to be in the court.

2) I was told to meet the family relations and then she talked about the issue and I told her that this was a misinterpretation and also mentioned her about out India plans in Nov....then she said that she can request court date to be preponed a bit earlier and judge approved for Nov10.

3) I didn't have any choice in the court to agree to a plea bargain etc.....I guess they directly put me into it.

4) I am not sure what is the process being followed here........could you please suggest if I can have this case issue resolved so that their wouldn't be any issues related to my immigration procedures in the future.

5) would you please advice if an attorney can do anything on this.

6) So if they have already provided the plea bargain...does that mean the court thinks that I did something wrong?

I am really confused and would appreciate your suggestions on the next steps I need to be aware of.

Thank you txh1b for all your help.

Regards,

[Raj2002]

Sorry forgot to reply to your questions

Help us understand what is going on with the court.

After the first hearing was given a protection order which says sention 53-82 (disoprderly conduct). Also as per the request of the Family Relations officer the next court hearing was scheduled for Nov10 so as to accomodate our India travel plans on Nov12.



Did you have a preliminary hearing on the case?

Yes I had the initial hearing

Are you out on bond.

I didn't pay any money for the bond...the police arrested me for about 1hr took the finger prints and my information and asked me to be in the court the next day.

[txh1b]

Looks like you are moving forward unknowingly with a judgement. Talk to an attorney ASAP to ensure that you are not getting yourself into a plea bargain and supervision. It does seem to me like that from the way you explain.

It looks like the court has you down for a disorderly conduct as you are meeting with a supervision/family relations office. Did they read you your rights when they police detained you? Talk to few lawyers. Most of them have free first consultation. Do not go to court without speaking to one. As you speak to couple of them or visit them, you will catch on some of the legal jargon and in fact your knowledge about the whole thing will increase.

They would like for you to agree to a lesser charge in return for a quicker disposition on the case and you would do it ue to your travel plans. It may come back and bite you later on.

Do not rush through this. If you want to have a smoother immigration in the future, in your best interest, a dismissal of all charges is the BEST outcome followed by an expunction after you take copies certified from all courts and departments.

Good luck!

[Raj2002]

Thank you for your inputs sir. I have scheduled an appointment with an immigration attorney to discuss the case. Will keep you posted on the proceedings.

Thank you again for your time and help.

Regards,

[txh1b]

You need one with a criminal lawyer with some knowledge of immigration. As far as the immigration goes, a disorderly conduct will be okay but good to discuss again about the specifics.

What is okay for a USC will possibly be a huge deal for an immigrant. Many criminal lawyers don't take this into consideration and land up in plea bargains hurting their clients' immigration process.

[Raj2002]

Hello Txh1b:

I had the hearing today and the court has "Nolle" for my case.

Would this impact my trip to India and my stamping back home.

Does "Nolle" has impact on my immigration procedures....since I recently filed my I140.

Thank you and would appreciate your advice.

Regards,

[txh1b]

What kind of Nolle was it? Nolle Prosequi? If so, that is good and it means the case will be dismissed as they are not ready to prosecute. Just can't tell from what you posted. Did you have a lawyer or did you go Pro-Se?

[Raj2002]

Hello Txh1b:

They said it is nolled and would be off my records after 13 months.

When I asked the clerk at the court of what nolle means......she said the court doesn't think they want to process the case and wouldn't say that I am guilty.

Do you think this should be ok for my visa stamping when I go to India this week .....since I already took the court certified copies and it has nolle on it.

Please advice and appreciate all your help so far.

Thank you,

Regards,

[Raj2002]

I didn't have a lawyer.....I just did on my own as per the report from the family relations office.

Thank you,

Regards,

[txh1b]

You should be fine for stamping but be prepared for a delay as they may want to do a background check as you have to answer yes to the arrest question.

[Raj2002]

Hello TXH1B:

I had my visa interview today and I was given the 221G blue form asking for the "Official documentation from court indicating the dismissal of the case".

I have shown the VO the certified court documents which says the case is been NOLLE.

Not sure what I would need to ask the clerk of court in regards to the requested documents by the VO.

Your advice is greatly appreciated on the next steps I need to take in providing the docs.

Thank you,

[txh1b]

Court disposition document is what you need that says the crime, what the final judgement was and what was the result. It should say Nolle Prosecue or that the prosecution did not file charges and the case was dismissed.

[Raj2002]

My court disposition says Nolle. Doesn't Nolle and Dismissal mean the same?

Thank you,

[txh1b]

Not the same. Nolle should result in a dismissal and from what I read, your case will be dismissed after 13 months?

Ask the court for a final court disposition letter indicating the case is dismissed or disposed.

[Raj2002]

Thank you TXH1B for all your help.

Ask the court for a final court disposition letter indicating the case is dismissed or disposed.

Would the court be able to provide the above before 13 months.....since I need to submit the documents at the consulate which says rearding the case....as I said I already submitted the certified court documents which I got from the court which says the case is NOLLE...the VO was asking for some paper work from the court which states the dismissal.

Is their any other documentation which I can request from the court which states something similar....please advice.

Thank you,