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My fiance is 3 days away from signing a 12.44 (a) which will reduce the amount of time he's incarcerated but will leave a "state jail felony" in his record. We are thinking on telling the lawyer to reset the court date because it was not fully explained to us the effects it will have on his immigration status and if in the future he will have difficulty re entering the country legally. Since a DWI with a minor is not an "aggravated felony" does he still have a chance to become legal and be admisable versus just being inadmisable for over 3 years?
This is an immigration law question. I am moving it there.
Once a prisoner pleas guilty by signing a 1244-A, does that automatically make him an "aggravated felon"?
My fiance is getting ready to plea guilty by signing a 1244-A, the only reason he is doing this is because he wants to make the amount of time he is in jail shorter. If he decides to have the jury to decide his fate he'll waste time because most Texans are not all for illegal immigrants. He is being accussed of DWI with a minor under 15 and another DWI within the 3 months from each other. He also has an immigration hold because he is undocumented. My question is this, since he is pleading guilty will he be considered an aggravated felon? The reason why I'm asking is because according to my research I have found that "aggravated felons" do not have a chance to ever become legal in this country. Please Help!
Your tentative legal research is legally correct that the effects of certain criminal pleas are fatal to immigration...
Even though arrest report shows that I was immediately transported to a Jail 30 min. away, I was kept in squaud car at police.
For 4 hours at the least. They refused to let me use the restroom (I had 3 16-ounce bottles of water prior to arrest) and would not give me any fluids either. I have very small bone structure and they would not untighten handcuffs--so my wrists swelled to abnormal and my hands starting turning blue/black. Officer said he kept me in car that long because he could not get any positive reading on BT. Is that legal?
The answer depends on what he was doing. If he was intentionally mistreating you and he was aware of your issues then...
I have clean record
My answer makes many assumptions. If you are eligible for probation, and you probably are, you would be placed on...
I also would like to ask if the breath test is still ordered as probation when the suspension is lifted?
Judges are not required to have a reason to order an interlock device (DLD) but can do so on their authority. They are...
I was 51 and even though I didn't feel intoxicated, I did feel I may be at or over the legal limit. So I pulled off the highway, called a friend and she was on her way when the cop pulled up behind me. He asked me to get out of the car (it was running but in park). I refused any of the roadside tests so I was arrested. When I went to court, the judge reduced to an Obstruction of the Highway, I paid $700 fine, and serviced 40 hours of community service. Two questions: When I fill out paperwork for a job application, do I have to admit I was arrested? Even though the charge for which I was arrested was dismissed.? 2nd: What are the chances of getting this expunged 3 1/2 years later. It is affecting my ability to gain employment. How do I get a pardon from the Govenor? Thank
You are under no legal obligation to be honest on job applications. However, if you are asked if you have ever been...
It was my first dui conviction
More likely than not Texas will find out about your OWI regardless of the State that it is from. For sure so too will...
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