When a person is subject to a felony arrest in Florida but formal charges are not filed, the case is declined and the arrest record is expunged, does this mean that the person is always presumed innocent until proven guilty in the eyes of the law?
That's the case for 97% of the people, however, for Immigration purposes, under certain circumstances, your presumption of innocence means nothing and they can go behind the record to look at the arrest affidavit and then make an independent determination. I hope that's not why you're asking.See question
el caso fue en florida en el 2010. persona residente con record criminal puede salir del pais? como se borra el record criminal para trabajar y hacerme ciudadano?
Sellar o borrar su caso no va a tener efecto para Inmigracion. Usted va a tener que presentar copias certificadas del reporte de arresto, el documento acusatorio, y la disposicion final del caso con su aplicacion de ciudadania. Ahora, dependiendo de los cargos y del tiempo que ha pasado ( usted dice en el 2010) quizas pueda hacerse ciudadano a pesar del record. En cuanto a si puede salir del pais, la respuesta es no si quiere regresar. Salir casi nunca es un problema, el problema es al regresar que lo ponen en proceso de remocion. Contacte un abogado de Inmigracion para que le oriente.See question
Can I Now expunge my record and can I bear arms?? thanks
From the case scenario that you present, you would not have any limitations on your ability to bear arms. That said, if there was a restraining order, as typically there are in D.V. cases, then it could affect your ability to obtain a concealed weapons permit. Check with your attorney.See question
I am a Mexican national awaiting for trial on a criminal case at state level here in the U.S. and i have a court restriction for travel outside the state , i have a B1/B2 VISA ( turism and business ) , i'd been doing 4 extensions over my original ...
It is a little bit unusual for a state case to linger more than 30 months, unless it's a high profile or serious case. Your criminal defense attorney could have filed a demand for speedy trial. That said, USCIS has no duty to extend your stay and unfortunately you may be in a no-win situation. if you get acquitted in your criminal case, you may still be removed from the U.S. as an overstay, if you get convicted, well, all bets are off then. Good luck.See question
The reason I ask is the name change form states "have rights been restored"? I am not sure what this means. I was released from probation and have finished my probation sentence in Texas. Does this mean my rights have been restored? Also, I a...
As long as you have a valid legal reason for changing your name, courts in Florida will do it. However, if you have a conviction anywhere in the U.S. your civil rights will need to be restored. If you received only probation, it is likely that adjudication was withheld, which means you were not convicted and did not lose your civil rights. In any case, I suggest you contact a competent attorney to give you more specific advice.See question
I'm a Spanish citizen in the US under an 0-1 visa. I'm getting married in FL to a US citizen in a few days, and will then apply for a green card. I can't remember if, when I had applied for my 0-1 visa in 2012, I had stated I was divorced (the t...
At this point the cat is out of the bag regarding what you said in your visa application. However you do have control over what you will say in your I-130 and adjustment applications, and what you should do is tell the truth. The omission in your visa application could be explained and in any case may not be considered a material misrepresentation, however for your petition and adjustment application, it is clearly material, so, once again, as has been said by others ad nauseam, and to quote your fellow Spaniard, "honesty is the best policy".See question
Wanted to know if she vop me will I get reinstated an if I get locked up will dey give me a bond need help lookin for a lawyer need advice I was put on probation in oskaloosa county fl an I transfered it to miami
P.O. supervising probationers from another county tend to be tougher than when supervising their own, so my guess is that you probably will be violated. Your chances of getting bond in Destin or Fort Walton Beach for a VOP, or in any county for that matter, are not very good. I suggest you find yourself a good probations attorney in the panhandle.See question
Two drug charges
Too many factors go into deciding what fee to charge in a criminal case and the charges alone could not responsibly allow a lawyer to quote a fee. Likewise, the fee should not be the only factor you take into consideration when deciding what lawyer to hire.See question
I spoke to a pd regarding my boyfriends case and I was told that because he also has to other open cases he can't get an arthour hearing , is that true
The U.S. Constitution gives you the right to pre-trial release, however this right is not absolute. In some cases the State may ask that the Defendant be held until trial. When that happens, the Defendant has a right to request a hearing pursuant to State v. Arthur, 390 So.2d 717 (Fla. 1980). The standard the State has to prove to keep the Defendant in custody is that "proof of guilt is evident and presumption is great". That is a very high standard. Everyone who is denied bail has a right to an Arthur hearing, however, the fact that he has other open cases may render the hearing moot as he may have violated the terms of release on previous charges and that will be the real problem. Good luck to your boyfriend.See question
Hello My friend is now living in Germany after he has been living in the US for over 50 years and served in the US army. His story is very popular that it got posted on buzzfeed website. And it's still available in case you want to re...
Really sorry about what happened to your friend, however that happens to people from Latin America on a daily basis and no one raises a finger to do anything about it. I personally have had dozens of cases where children came to the U.S. when they were one or two years old, became residents but never become U.S. citizens for various reasons. Then they get a conviction for something like selling a nickel bag of cocaine and they are on route to their birth country before they can say "your Honor". If you are bothered by this, then I suggest you contact your law maker, senator or representative, and give them a piece of your mind. I doubt Congress will do anything about it but at least you will have done your part.See question