Was arrested last week for solicitation of prostitution in a sting operation. I have a work visa in US. I was not fingerprinted, paperwork was done and a court date with a misdemeanor charge. I was shocked with this incident, and the cop at the scene said that punishment may be up to 2 month jail time and asked me to be present at court without fail. Please help me on following points:
1- Which class of misdemeanor do I fall. Will I be deported?
2- Can I visit my country sometime after my court date, is this possible? will I be inadmissible.
3- Will I be ever fingerprinted for this?
4- I have hired a criminal lawyer and he suggested no-guilt diversion program. Can I move outside states with this program?
Thanks for your time & suggestions
First, don't rely on message boards for your answers. Hire a lawyer who practices both criminal and immigration law and understands the interaction between them. Most criminal lawyers do not know the issues presented when dealing with foreign national cases and the even the best attorneys seek affirmation of their thought processes regarding immigration. Solicitation is only the charge and not necessarily the outcome. No one on the board can answer the first question because we don't have your entire criminal history. Departing the country and returning will be subject to the resolution of this case and any prior criminal history.
You should have your criminal defense lawyer work with an Immigration attorney familiar with what we call "crimmigration" (immigration consequences of criminal activity) BEFORE any disposition is concluded. The Immigration lawyer should be from the State where you were arrested and be familiar with the criminal statutes there.
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You need an experienced attorney who handles criminal matters and immigration to help secure your desired outcome. Seek out an experienced litigator for a free consultation. A good place to start is by going to the website for the National Association of Criminal Defense Lawyers (NACDL.org) Hire the attorney you feel comfortable with and you can afford. There is no confidentiality online.
NACDL Local affiliates: (http://tinyurl.com/8akw2gd)
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http://defendme.net | For confidential answers on Florida law, call 1.877.452.9457. Attorney James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these consumer questions based on limited and unverified facts does not create an attorney-client relationship. Being posted on the internet, these questions and answers are not confidential. For confidential answers on Florida law, call 1.800.452.9357.
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This diversion program may make you excludable and deportable. You need an immigration lawyer. Your criminal lawyer may be able to do this but only if he understands immigration law.
Immigration law considers many things that are not actual convictions to be convictions.
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A single act of soliciting prostitution on one’s own behalf does not fall within section
212(a)(2)(D)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(D)(ii)
(2006), which provides for the inadmissibility of an alien who “procured . . . prostitutes
or persons for the purpose of prostitution.” However, the same person may face inadmissibility to the US for committing/convicted a crime involving moral turpitude. You need to hire an immigration attorney to sort this out. If you go cheap now you will pay dearly later when it is too late. Don't leave the US until you have worked this out with help of an attorney! Good luck!
The Law Office of David N. Shomloo, LLC. David N. Shomloo, Esq. Immigration/Criminal practice 222 N W Davis st. no. 402 Portland, Oregon 97209 www.davidshomloo.com 503-220-5045 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.