TheGame1990 17 Posted April 3, 2013 Ok, i got arrested on friday with two counts of vandalism / Mal Damage. Got court next tuesday. Will this will affect anything it was a mistermeaner charge? Share this post Link to post Share on other sites
itzel 336 Posted April 3, 2013 You should hire an attorney and see what he recommends..i hope it doesnt affect you but you've been waiting after your biometrics and its at this point where they investigate your records, etc.. Share this post Link to post Share on other sites
TheGame1990 17 Posted April 3, 2013 I got a public defender. it wasnt even my fault the guy try'ed to hit me up but instead of hitting him. i broke one of his vasas and he pressed chargers on me. Now im worry. Not sure on whats going to happen. Share this post Link to post Share on other sites
itzel 336 Posted April 3, 2013 Good luck, with luck, USCIS will call you and get your side of the story and not just assume it's entirely your fault. Share this post Link to post Share on other sites
TheGame1990 17 Posted April 3, 2013 just they will go and find out. they wont call ice will they. and i dont have a number to be reached at? Share this post Link to post Share on other sites
Aled 118 Posted April 3, 2013 (facepalm) Regardless of whether this was your fault or not, it is almost impossible for anyone here to give you answers on any possible outcome from USCIS. Best thing you can do is to get yourself a lawyer that can clear things out for you on this misdemeanor matter. A good advice for people that are currently waiting for approval is to avoid any possible situation that can potentially lead you into trouble. USCIS doesn't care whether you can prove to them if its your fault or not, they can assume anything out of you and simply deny your application. 5 sotero_gonzalez, kayej87, Rawf and 2 others reacted to this Share this post Link to post Share on other sites
Santi 353 Posted April 3, 2013 There is the possibility that you will receive an Request For Evidence, where they will ask you to show proof that you were not charged with a felony or significant misdemeanor...here is where they describe significant misdemeanors and other situations which might negatively affect the decision whether to defer action in your particular case: National Security and Public Safety Guidelines If you have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, or are otherwise deemed to pose a threat to national security or public safety, you will not be considered for deferred action under this process. What is the difference between “significant misdemeanor”, “non-significant misdemeanor”, and “felony”? Felony Significant Misdemeanor Non-significant Misdemeanor A felony is a federal, state or local criminal offense punishable by imprisonment for a term exceeding one year. A significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and: Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or, If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence. A crime is considered a non-significant misdemeanor (maximum term of imprisonment is one year or less but greater than five days) if it: Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and Is one for which the individual was sentenced to time in custody of 90 days or less. A minor traffic offense will not be considered a misdemeanor for purposes of this process, but it is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed. You can find detailed information in the National Security and Public Safety section of the Frequent Asked Questions. Please keep in mind that during the time where they review the applications, applicants (us) will be scrutinized significantly. Therefore, it would be advisable that you stay out of trouble...doesn't matter if they try to 'hit you up,' down, left or right...your future is in jeopardy guy, so avoid this type of situations at all costs! Just saying... 1 Aled reacted to this Share this post Link to post Share on other sites
Santi 353 Posted April 3, 2013 (facepalm) Regardless of whether this was your fault or not, it is almost impossible for anyone here to give you answers on any possible outcome from USCIS. Best thing you can do is to get yourself a lawyer that can clear things out for you on this misdemeanor matter. A good advice for people that are currently waiting for approval is to avoid any possible situation that can potentially lead you into trouble. USCIS doesn't care whether you can prove to them if its your fault or not, they can assume anything out of you and simply deny your application. +1 3 Calidreamer, Aled and Rawf reacted to this Share this post Link to post Share on other sites
TheGame1990 17 Posted April 3, 2013 yeah they charged me with a mistermeaner, but the police officer had told me if i stay out of trouble up two a year they will clear my records. i also got a laywer which was a public defender which i think its a good idea right? Share this post Link to post Share on other sites
Santi 353 Posted April 3, 2013 Public defenders are nowhere near as effective as a criminal attorney in private practice... If I were you, I would seek the counsel and representation of an attorney that is privately retained, instead of the one assigned to you by the respective jurisdiction. It is an investment of around $500 or less, but it will ensure that you do not get charged... I hired one when I got in trouble for driving without a license a few years back...since that was a repeated offense, I could have been charged and jailed up to a year...my attorney got me off the hook...3 times, and I got approved for DACA. So, get private counsel, and please, pretty please, with sugar on top...stay out of trouble! Share this post Link to post Share on other sites
TheGame1990 17 Posted April 3, 2013 Yeah but i dont have no money for a real lawyer thats why i went with a public denfender. Anyone knows what might happen if i get chargerd with a a mistermeaner of 2 cts. of vandalism/ mal damage. I really dont want to get arrested, or loose seeing my kid. He's all i have. the really messed up part about it is that my exs father is doing all this. So stressed out! Share this post Link to post Share on other sites
Santi 353 Posted April 3, 2013 Given your current situation, my advice to you is to keep in touch with your attorney, make sure you give him/her accurate information and don't hide or sugar coat anything for your benefit - that is his/her job. Hopefully, your attorney will be able to proof beyond a reasonable doubt that, either you are innocent, or at least reduce the charges against you and perhaps avoid the need to incarcerate you. Keep in mind that if you have previous records of misdemeanors, it could add up to your detriment. Also, whenever you show up to your court hearing, make sure you dress appropriately, keep your composure, and give the court and the judge the respect they deserve...regardless of who the judge is, or who shows up to the hearing (your ex's father). If your ex testifies against you, in addition to her father, your legal situation could turn to the downside... All you can do right now, is hope for the best and avoid future altercations altogether...if not for your sake, do it for your child. Share this post Link to post Share on other sites
TheGame1990 17 Posted April 3, 2013 this is what happened. My Ex girlfriend told me, if my dad was going to to my son birthday party, and i said yeah. so she said is he giving a birthday gift i said no because he needs to pay bills that hes currently behind. so she got mad and said i don't want him to go that's embarrassing going and not giving a gift. As we was talking (not fighting) my son threw all the books on the floor. so i got up and picked it up, but they was some under his stroller so i picked it up and pushed it to the side order to pick the books up. She thought i pushed him because i was mad of what happen with my father thats not really true. So She ended up saying something im not really sure on what she said that got me mad that a threw the book to the floor in some how the book flew to her (didnt hit her) but hit the bottom of the best. so she tells me leave, as i was cleaning the books. Then her sister comes in screaming that i was going to pay the book. which it old her i will pay it. Then her dad came in the room and said didnt you hear my daughter get the F**K out of here. (Reminder) i have my ex yelling (leave), i have her sister yelling (I need a new book), then you got the dad screaming get out!!!. So under presure and madness i told the father you lucky i have respect for you and your her father if not i would of kick your but a long time ago. (which i wish i didnt say any of it). so he takes his jacket off and try's to fight me. and i told i looked at my son looking so i left the room and put on my jacket and was going to go home. And hes behind me still trying to fight me. And he ended up saying you think im your dad. And i said no your not my dad my dad will beat you up. and i kinda just blacked out and pushed his vase on the floor. And i just went home then i got arrested two hours later. Share this post Link to post Share on other sites
TheGame1990 17 Posted April 3, 2013 Given your current situation, my advice to you is to keep in touch with your attorney, make sure you give him/her accurate information and don't hide or sugar coat anything for your benefit - that is his/her job. Hopefully, your attorney will be able to proof beyond a reasonable doubt that, either you are innocent, or at least reduce the charges against you and perhaps avoid the need to incarcerate you. Keep in mind that if you have previous records of misdemeanors, it could add up to your detriment. Also, whenever you show up to your court hearing, make sure you dress appropriately, keep your composure, and give the court and the judge the respect they deserve...regardless of who the judge is, or who shows up to the hearing (your ex's father). If your ex testifies against you, in addition to her father, your legal situation could turn to the downside... All you can do right now, is hope for the best and avoid future altercations altogether...if not for your sake, do it for your child. The father is treating me order for me to see my son im going to have to pay child surrport. im not even sure on what to do anymore, Share this post Link to post Share on other sites
Calidreamer 100 Posted April 3, 2013 Ok, first of all you have to accept that it was your fault, they may had provoked you, but you fell for it. Can you acknowledge that? Second, everything we do has consequences and now more than ever you have to keep your mind cool! Last, take a look at this http://adreamact.com/topic/1524-rfe-service-request/#entry10572 Perla got arrested after she applied for DACA, my bf had a record too. Best wishes to you, you'll be fine as long as you can start controlling your self 'cause clearly they want to fk you over. 3 Santi, amor and theaviator360 reacted to this Share this post Link to post Share on other sites
Osha 126 Posted April 7, 2013 Vandalism is not a pretty name to have on your record, but the good thing in your case is the vase you've allegedly broke is probably not worth much and that's why it's just a minor misdemeanor. The chances are that it won't negatively affect your DACA case. Share this post Link to post Share on other sites
Wisedevil22 24 Posted April 7, 2013 1 Santi reacted to this Share this post Link to post Share on other sites
sotero_gonzalez 54 Posted April 7, 2013 So, get private counsel, and please, pretty please, with sugar on top...stay out of trouble! + infinity Share this post Link to post Share on other sites
