AOS and domestic violence charges...

[Beermann]

In February, my wife passed her interview and moved together back to the states. We arrived in July and had some trouble in October. My wife had an ectopic pregnancy that started a flurry of unfortunate events. With the trauma of the surgery, the culture shock, hormonal imbalance, etc., she got very irritable and angry after the surgery. She lost her temper terribly one night about something and began yelling at me in the wee hours of the night and even scratched me up pretty good. The neighbors heard her yelling and called 911. The police came and saw blood on my neck and took her to jail for 2 nights. The D.A. pressed 3rd degree assault charges on her even though I said did not want anything to happen to her. Her last court hearing, the D.A. offered her a deferred judgement, 2 years of domestic violence classes, and then the case would be dropped. Her translator and the D.A. advised her to not make a decision that day as it may have an impact on her AOS that is due well before the judgement would even be dropped from class completion. My wife is terrified right now as she vehimenantly said she doesn't want to go to these classes for 2 years and also believes now that she cannot get her Green Card and will be sent back to China away from me.

 

Can someone first tell me how bad our situation is immigration wise, and second what should we do as she has to tell the judge Friday what her decision is. She can either go to trial or take the deferred judgement. What impact would a decision either way have on her AOS? Thank you so much in advance! -Brent

Edited December 21, 2006 by Beermann (see edit history)

[FuManChu]

Brent,

 

You need some serious help. I would contact a good immigration lawyer in your area that specializes in removal/deportation. Though all of us at CFL can give you support and well wishes, you need a professional to actuall guide you and your wife at this point.

 

Prayers sent.

[hakkamike]

You will more than likely need a attorney in this situation. Folinskyinla, Carl Shusterman and Matthew Udall come to mind on this matter as far as the immigration problem. You can Google their names and get more information about these guys if you want to. This is a very doable case for you and your wife if you get the right attorney to handle the case. I can tell you one thing, the DA is on your guys side(they cant come out and tell you this but you have to read between the lines) if you are correct in what they told you, if they gave you the reccomdation of not admitting guilt and think it over. I look into a good trial guy too just to see if the case has any merit??

Michael Perez

Edited December 21, 2006 by hakkamike (see edit history)

[phantom1949]

Brent,

 

You need some serious help. I would contact a good immigration lawyer in your area that specializes in removal/deportation. Though all of us at CFL can give you support and well wishes, you need a professional to actuall guide you and your wife at this point.

 

Prayers sent.

 

 

I so agree. This is not the time for debat here, you need some good help.

 

Good Luck.

[Randy W]

In February, my wife passed her interview and moved together back to the states. We arrived in July and had some trouble in October. My wife had an ectopic pregnancy that started a flurry of unfortunate events. With the trauma of the surgery, the culture shock, hormonal imbalance, etc., she got very irritable and angry after the surgery. She lost her temper terribly one night about something and began yelling at me in the wee hours of the night and even scratched me up pretty good. The neighbors heard her yelling and called 911. The police came and saw blood on my neck and took her to jail for 2 nights. The D.A. pressed 3rd degree assault charges on her even though I said did not want anything to happen to her. Her last court hearing, the D.A. offered her a deferred judgement, 2 years of domestic violence classes, and then the case would be dropped. Her translator and the D.A. advised her to not make a decision that day as it may have an impact on her AOS that is due well before the judgement would even be dropped from class completion. My wife is terrified right now as she vehimenantly said she doesn't want to go to these classes for 2 years and also believes now that she cannot get her Green Card and will be sent back to China away from me.

 

Can someone first tell me how bad our situation is immigration wise, and second what should we do as she has to tell the judge Friday what her decision is. She can either go to trial or take the deferred judgement. What impact would a decision either way have on her AOS? Thank you so much in advance! -Brent

 

I hate to jump in here when the others are telling you you need a lawyer (they're right), but ask the lawyer:

• Would it stay off her record for the probationary period?
  
• What are her chances at trial? (My guess is there would be no witnesses against her and that the trial would be after your interview)
  

I'm going to guess that she will need to accept the deferred judgment. Consult with an attorney TOMORROW if AT ALL possible.

[Beermann]

In February, my wife passed her interview and moved together back to the states. We arrived in July and had some trouble in October. My wife had an ectopic pregnancy that started a flurry of unfortunate events. With the trauma of the surgery, the culture shock, hormonal imbalance, etc., she got very irritable and angry after the surgery. She lost her temper terribly one night about something and began yelling at me in the wee hours of the night and even scratched me up pretty good. The neighbors heard her yelling and called 911. The police came and saw blood on my neck and took her to jail for 2 nights. The D.A. pressed 3rd degree assault charges on her even though I said did not want anything to happen to her. Her last court hearing, the D.A. offered her a deferred judgement, 2 years of domestic violence classes, and then the case would be dropped. Her translator and the D.A. advised her to not make a decision that day as it may have an impact on her AOS that is due well before the judgement would even be dropped from class completion. My wife is terrified right now as she vehimenantly said she doesn't want to go to these classes for 2 years and also believes now that she cannot get her Green Card and will be sent back to China away from me.

 

Can someone first tell me how bad our situation is immigration wise, and second what should we do as she has to tell the judge Friday what her decision is. She can either go to trial or take the deferred judgement. What impact would a decision either way have on her AOS? Thank you so much in advance! -Brent

 

I hate to jump in here when the others are telling you you need a lawyer (they're right), but ask the lawyer:

• Would it stay off her record for the probationary period?
  
• What are her chances at trial? (My guess is there would be no witnesses against her and that the trial would be after your interview)
  

I'm going to guess that she will need to accept the deferred judgment. Consult with an attorney TOMORROW if AT ALL possible.

 

 

Here's my dilemma. I just finally got my Pre-paid legal membership so I could get a lawyer to guide us. However, today and tomorrow the law office will be closed because of the blizzard here. Our pre-trial is set for Friday. I don't know how I can get help for Friday. Do I need a Criminal Lawyer or an Immigration Lawyer? Colorado law states that domestic violence charges(3rd degree assault in our case) are grounds for deportation and she's going to get convicted almost either way as the police have evidence with photos of scratches. If she accepts the deferred judgement, she has to plead guilty. To me it sounds like a trap. What tricks do you know of that lawyers can use to get this whole thing dropped without anything? Ultimately this was a result of her medical condition, losing a baby to ectopic pregnancy, so don't know if there is anything there. Her AOS is due in a little over a year, while the deferred judgement does go on her record until finished and is for a 2 year period. Also, for immigration purposes, this charge can be considered a FELONY as it's an "act of violence". Thank you again so much!

Edited December 21, 2006 by Beermann (see edit history)

[Randy W]

I sent you a PM - PLEASE don't confuse it with legal advice. If you absolutely can't talk to a lawyer before the hearing, see if the DA won't postpone it for a day or two. You need GOOD LEGAL ADVICE.

[warpedbored]

Agree with Randy. I am sure any judge would grant you a continuance if you need time to consult your lawyer. I think your chances of plea bargaining to a misdemeanor are also very good but doesn't a defered judgement mean there is no judgement for 2 years? You need to talk to a lawyer fast buddy. Since a conviction would mean deportation it seems to me that a criminal lawyer is needed worse than an immigration lawyer.

[SirLancelot]

Colorado law states that domestic violence charges(3rd degree assault in our case) are grounds for deportation and she's going to get convicted almost either way as the police have evidence with photos of scratches. If she accepts the deferred judgement, she has to plead guilty. To me it sounds like a trap. What tricks do you know of that lawyers can use to get this whole thing dropped without anything? Ultimately this was a result of her medical condition, losing a baby to ectopic pregnancy, so don't know if there is anything there. Her AOS is due in a little over a year, while the deferred judgement does go on her record until finished and is for a 2 year period. Also, for immigration purposes, this charge can be considered a FELONY as it's an "act of violence". Thank you again so much!

 

Sorry to hear of your dire situation. Immigration/deportation is the domain of the federal government. Colorado state law would have no say in whether she gets deported or not. Never the less, if she's convicted of a felony, then federal immigration regulations might allow her to be deported but it doesn't have to do with Colorado state law.

 

Having heard your story thus far, I would say to go to trial. It may cost you some money but get a good criminal defense attorney and get a good doctor to testify that your wife was mentally in an unstable frame of mind. You're the only witness there and as a spouse you need not testify against her. I don't think they have much of a case. Do they allow a jury trial for a 3rd degree assault case? If so, get a jury trial. I can't imagine a jury convicting her, especially if you testify on her behalf.

 

Another thought, couldn't an argument be made that all that scratching and physical activity was simply some good-ole fashion hard-core foreplay? Hey, some people like consensual rough sex. Why couldn't you to get a defense attorney to argue that? Does Colorado state law prohibit consensual rough sex?