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Old 10-08-2012, 11:24 AM
 
15 posts, read 46,308 times
Reputation: 27

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i m 20 years old i was arrested near my home for disorderly conduct ( alcohol) i wasn't so drunk , i was wearing high hells and short dress. i was walking with my best friend and I bended down to take off my shoes coz they were hurting my feee. The cops arrested me and they told me I was showing my butt. i spent 8 hours in the jail. I have to show off at the court in 30 days. I'm so worried . I m scared that it will stay on record. What should i do please? I need your advices

thank you
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Old 10-08-2012, 11:50 AM
 
Location: North Texas
24,561 posts, read 40,277,139 times
Reputation: 28564
You need to talk to a lawyer.
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Old 10-08-2012, 02:51 PM
 
Location: Bike to Surf!
3,078 posts, read 11,062,838 times
Reputation: 3023
Don't stress yourself out over it, but do take it seriously and deal with it.

Here's what's likely going to happen:
You'll either hire a lawyer to represent you or go it alone to appear for a misdemeanor dnd charge.

Best result: Dismissal, no fine.
Worst (reasonable) result: misdemeanor conviction and you pay a fine, get a record.
Medium result: Conversion to some non-criminal violation and you pay a fine.

None of the likely results will have any affect on your visa, so long as all your immigration stuff is in order. There are some unlikely scenarios which could cause you major problems. One of these is not understanding the process and doing something dumb. That's in your control, so do understand the process and don't do something dumb. All the other scenarios are out of your control, so don't worry about them.

You should talk to a lawyer right away to understand the process. You should carefully consider hiring a lawyer to represent you.
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Old 10-08-2012, 03:06 PM
 
13,511 posts, read 19,276,876 times
Reputation: 16580
elina 002,,sorry that this happened to you, and you had to be the one that some cop with nothing better to do decided to pick on..It's very, very unfair when people like you need to get a lawyer to beat some trivial bogus charge,.... if you haven't the money, bring your friend as a witness and hope that the judge had a good night, and will do whats right....that being dismissal....with all the criminals in our society you'd think the cops could find something better to do than harass a couple of young women walking home, but then I guess it coulda been a lot worse, like them zapping you for disagreeing with them....Curious elina 002, after this experience do you still consider (or did you ever) that the police are here to serve and protect?
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Old 10-08-2012, 03:25 PM
 
Location: World
4,204 posts, read 4,688,411 times
Reputation: 2841
If you are on student visa, you should contact your International Student Visa office of your university. they will tell you and also help you so that your status is maintained.
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Old 10-08-2012, 05:51 PM
 
Location: NoVA
832 posts, read 1,417,489 times
Reputation: 1637
If the F1 who's roomy committed suicide over voyeurism wasn't stripped of his F1 status, I hardly think showing your rear end will get you into hot water with immigration.

Your charges will be dismissed, nolle prosequi'd or you will pay a fine.

The important thing is that you show up for your hearing.
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Old 10-08-2012, 07:02 PM
 
Location: World
4,204 posts, read 4,688,411 times
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I think you are mentioning about Dharun Ravi of India. He was not F-1 visa. He has Green Card and he is a resident of USA. He came to USA with his parents when he was a small kid and his whole family is on green card, not on any visa. F 1 visa has its own rules and regulations. F 1 visa holder can be deported for working off-campus as a waiter in a thai restaurant while green card cannot be deported even if he/she went to prison for crime.
Quote:
Originally Posted by mrskay662000 View Post
If the F1 who's roomy committed suicide over voyeurism wasn't stripped of his F1 status, I hardly think showing your rear end will get you into hot water with immigration.

Your charges will be dismissed, nolle prosequi'd or you will pay a fine.

The important thing is that you show up for your hearing.
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Old 10-08-2012, 07:24 PM
 
Location: NoVA
832 posts, read 1,417,489 times
Reputation: 1637
Quote:
Originally Posted by munna21977 View Post
I think you are mentioning about Dharun Ravi of India. He was not F-1 visa. He has Green Card and he is a resident of USA. He came to USA with his parents when he was a small kid and his whole family is on green card, not on any visa. F 1 visa has its own rules and regulations. F 1 visa holder can be deported for working off-campus as a waiter in a thai restaurant while green card cannot be deported even if he/she went to prison for crime.

Was he? I thought he was an F1.

As for the green card holder not getting deported for a crime... they can and are deported for such things. Most frequently and fervently within the first 5 years of their adjustment. USCIS has the authority to revoke the green card without interference from a judge if they commit a crime that involves moral turpitude (CIMT) and the crime itself is punishable by 365 days or more in jail, regardless if they actually served the time. Of course they will appeal and see a judge that way, but the agency will win most of the time because they only pursue those crimes that are pretty vile. (as opposed to multiple DUIs or something similar)

After 5 years it gets harder. But they can be deported (deportable) at any time for two or more misdemeanors if they're CIMTs. Not that they are often deported for such because of prosecutorial discretion, time and money. But in theory they could be. INA 237(a)(2)(A) if you're interested.

Most of the time, someone who's been in the U.S. for 7 years or more on good behavior but got busted for two different crimes in year 8 will be granted cancellation of removal, depending on the nature and severity of the crimes and the hardship to any citizen family members if they're removed.

Sorry for the babbling.

But I really don't think that mooning a cop is a deportable offense.

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Old 10-08-2012, 07:56 PM
 
Location: World
4,204 posts, read 4,688,411 times
Reputation: 2841
Dharun Ravi came to USA in 1997 when he was 5 years old. he has green card.

Dharun Ravi sentencing: Impact statements from Ravi's parents | NJ.com

US: Deportation a risk in Dharun Ravi case - World News - IBNLive


F 1 visa is very strict. I know one Colombia student on F-1 visa was deported becoz international student office found him working at an off-campus restaurant. Once an immigrant has green card, its very difficult. anyways case by case, international student office is the best judge.




Quote:
Originally Posted by mrskay662000 View Post
Was he? I thought he was an F1.

As for the green card holder not getting deported for a crime... they can and are deported for such things. Most frequently and fervently within the first 5 years of their adjustment. USCIS has the authority to revoke the green card without interference from a judge if they commit a crime that involves moral turpitude (CIMT) and the crime itself is punishable by 365 days or more in jail, regardless if they actually served the time. Of course they will appeal and see a judge that way, but the agency will win most of the time because they only pursue those crimes that are pretty vile. (as opposed to multiple DUIs or something similar)

After 5 years it gets harder. But they can be deported (deportable) at any time for two or more misdemeanors if they're CIMTs. Not that they are often deported for such because of prosecutorial discretion, time and money. But in theory they could be. INA 237(a)(2)(A) if you're interested.

Most of the time, someone who's been in the U.S. for 7 years or more on good behavior but got busted for two different crimes in year 8 will be granted cancellation of removal, depending on the nature and severity of the crimes and the hardship to any citizen family members if they're removed.

Sorry for the babbling.

But I really don't think that mooning a cop is a deportable offense.

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Old 10-09-2012, 08:47 AM
 
Location: Bike to Surf!
3,078 posts, read 11,062,838 times
Reputation: 3023
BTW, when I say "talk to a lawyer" I mean do a free [probably telephone] consult first. Don't pay for time just yet until you get a handle on how serious the charges are and have some idea of how much time/money you need to expend.
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