How can a first time misdemeanor charge affect my background check and the renovation of my residency card?

Asked over 3 years ago - Boca Raton, FL

I got a ticket for using a handicapped tag which doesnt belong to me. As far as I read is a second degree misdemeanor charge here in Florida. I am more worried about immigration and application to universities (which I sent before this charge) . My court date is to be set and I've been looking for help here in Florida but I am not sure who I am suppose to trust. I would like to get this charge dismissed and erase it from my criminal record. Is that possible? This is my first charge ever; I only got two speeding tickets before with no points in the last 5 years living in the US. Any help will be greatly appreciated.

Attorney answers (2)

  1. Matthew Phillip Konecky

    Contributor Level 15

    Answered . While it is a second degree misdemeanor you don't want it on your record if yo uare applying to schools or for immigration purposes. You should hire an attorney in your area to see if there is a pre-trial program that could help you get the case dismissed prior to trial. In my experience in Palm Beach county there could be several favorable options to you. As in any case, remember it is the State's burden to prove the case against you.
    Good luck.

  2. Mario Raynald Theodore

    Contributor Level 10

    Answered . First, as the previous attorney answered, you may be eligible for pre-trial intervention which most often consists of community service hours and fines. However, before going into that, you would want to examine what defenses, if any, are available to you.For that, I recommend you speak with an attorney that best suits you.

    Second, immigration MAY be a non-issue here, usuallly, ICE and the Dept. of Homeland security are concerned about felonies and crimes of moral turpitude. That said, I do not believe your infraction would rise to that level.

    Lastly, you have already applied for the colleges and at the time of the application you were not convicted of this infraction. Moreover, you are not convicted of it now. There is no need to "ring the alarm" so to speak, until that time, if ever, comes to pass.

    In my opinion, dishonest attorneys are the minority in our profession. There are many capable and honest attorneys throughout Florida and on this site. That said, feel free to contact me if you wish to have a free consultation, I am here to help.

    www.MRTLawfirm.com

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