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Am currently married to my fiance who is USC,can I go on and file my I-130 and work permit,and if yes,when do I file my change of status and what procedures do I take from now,my master hearing is in April.I have been with my fiance since 2009 and the prosecutor has it on file that I was planning on getting married to my fiance prior to getting arrested. By any chance,can I find a lawyer to help me with this but I may need time to make installment payments,any great ideas are welcome.Thank you!
I am glad to hear you are looking for a lawyer. You will be greatly helped by having counsel in your removal...
my bf was charged with a misdemeanor in 2007 (for drunk driving). now at 27 years old, he was recently caught drunk driving and was arrested. he didn't yield at a sign, so the cops pulled him over. he refused a BAC test. he was nonviolent with the cops the first or second time. we don't know what is going to happen yet, since this incident occurred 3 days ago. the first misdemeanor was in ct, and his 2nd offense (i don't know what it should be labeled yet) was in upstate ny. besides his first misdemeanor, his record is clean. would he face any jail time and/or be convicted of a felony? thanks.
There is not enough information for an accurate answer. Even though jail is possible, it is not definite. The attorney...
I was arrested for DWI in 2004. The case was disposed of in 2006, and I plead to DWAI? I'm applying for a position in a state which does a seven year criminal conviction check based on the salary I am making. However, they are a government agency that could go back father if they want. I know that this shouldn't show up either way, but will a DWAI show up as a criminal conviction record check?
Very possible. depending on the thoroughness of the search.
Can someone tell me the implication of a Willard sentence on defendant convicted of felony DWI in NYC with an alcohol abuse problem? When can this type of sentence be legally rendered? When can a Willard sentence be used? Has any attorney actually represented a client that was sentenced to a Willard commitment? What is your experience with this type of sentencing.
A Willard Sentence refers to the Drug Treatment Campus which is operated by the NYS Department of Correctional Services...
Based on the research I've done, it's been made clear that a DWAI conviction is a violation and not a crime, BUT said conviction will still generate an NYS "RAP sheet" with details of the arrest, etc. In the event of a background check, what specifically differentiates a DWAI from a DWI if it still shows up on a "RAP sheet" specifically reserved for criminal offenses? How would an organization know how to interpret the results of a background check without understanding the small nuances in the law? Wouldn't the assumption be that there was a crime committed based on ANY 'RAP sheet' entry? For all intents and purposes, it sounds like a 1192.1 shows up the same as a 1192.2 or 1192.3 in background check information.
Both show up on a criminal record check, but one is a misdemeanor, the other isn'tt, and the penalties for a DWI are...
I was charged with a DUI in NY. There was a trial without jury. During the trial, the trooper who arrested me was asked to point me out in court. He said "that's her with the blue sweater. I was wearing a white blouse. He misidentified me as far as what I was wearing. He wasn't even close. Does this play a factor in the outcome if I pursue it. I have already paid my fines, and driver responsibility fee. My license has been revoked for at least 6 months. I am wondering if this can all be overturned?
Please review my answer - and my colleagues' answers - on your prior post.
In NY, is probable cause required to request a motorist to submit to a Portable/Preliminary Breath Test ("PBT") device, ie. Alco-Sensor/SD-2, after an accident? Does a police officer need probable cause or reasonable suspicion to request a motorist to submit to a Intoxilyzer SD-2 or Alco-Sensor handheld breath test device after a serious accident? Is there any relevant case law pertaining to this type of scenario? Under what circumstances is a police officer allowed to demand a motorist to submit to a "PBT" device? Does the answer change depending on if there was an accident or not? If a defendant is involved in a serious motor vehicle accident in NY, does the officer need some kind of legal standard of proof (other than the accident itself) to request a motorist to blow into a PBT device?
Yes. A police officer needs probable cause to ask someone to take a breath test.