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Michael Noriega

Michael Noriega’s Answers

5 total

  • My brother in law was arrested in NJ for fugitive from justice from Delaware. What would be possible sentences for him?

    He is still being held in a NJ jail and awaiting his court date and then is going to be transferred to a Delaware jail since Delaware is where the crime was committed. And he is also on probation for charges that happened in NJ previously. So I wa...

    Michael’s Answer

    The charges in this case appear particularly serious and as the other posts described, your brother should have proper representation in both states. The reason your brother should sit with a lawyer immediately is that the extradition process, a probation violation in NJ and a pending charge in Delaware all carry significant penalties and these decisions should be made in consideration of how each choice will effect what occurs with the other cases. Therefore, he needs to consult with counsel and make sure to explain what is happening with all of his matters. It would be premature to guess about what he is facing in any one of these circumstances, but the charges appear serious and he should not make any "quick" decisions without an attorney - such as waiving extradition or pleading guilty to get back to the other state.

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  • How much of a reduction will a hearing officer usually impose at a oppotunity hearing at njmvc for an administrative suspension

    I already served 4 of the 6 month administrative suspension period

    Michael’s Answer

    Every case is different and dependent on its particular facts and circumstances, however, there is often the opportunity to receive a reduction at an administrative hearing for the MVC. I would need to know more information about your particular case to know whether there would be a strong enough basis to reduce the suspension.

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  • WHAT MEANS: your name was updated relating to your I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN.

    I WAS CHECKING THE STATUS OF MY BORTHER'S PETITION MADE TO MY NEPHEW AND IT SAYS: your name was updated relating to your I130, IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN. WHAT DOES IT MEAN?

    Michael’s Answer

    If the relationship is between your brother and his son, it could simply mean that USCIS has reached another stage of review and has updated (or proceeded past) another part of the process. Don't panic yet. If there is any problem, your brother will receive a form requesting additional information.

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  • What Documents Do You Need to Prove Family Relationship? I-130

    We are about to file the I-130 and wonder if we need to prove our relationship with more documentation than marriage certificate. We just got married and don't own anything together or have any accounts together. Do we need to get an affidavit or ...

    Michael’s Answer

    The instructions are very helpful in providing you with examples of the kind of evidence you will need. However, evidence such as photos of you both together sharing various events, affidavits from friends and family attesting to your relationship, evidence from or leading up to your wedding are all helpful. Consider seeking the advice of experienced counsel before submitting your application.

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  • I have been wrongly indicted of a assault crime. Can I appeal a indictment or do I have to go to trial?

    I was accused of beating a man only because of the color and model of my car.

    Michael’s Answer

    As the other attorneys have mentioned, this is a very serious charge and you should proceed very carefully, and only with the advice of experienced counsel. A full review of your case is necessary to determine how best to attack the State's case and the indictment. However, a motion to dismiss the indictment is possible short of going to trial, but as others have mentioned, they are rarely granted.

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