I am a legal permanent resident(green card) with a felony charge and currently serving 5year IPS(intensive probabtion).Details of the charge is that, I made a false statement that I was a US citizen and was able to acquire a CDL licence in 2008.Being a felony, I went through the court system,bail bonds etc..The judge accepted the first offender and gave me IPS.The wife and I are separated and I have been paying her $700/month(I have all docs)for the past 3yrs and for the twins.She has not taken out child support on me.
The good is that, I own a trucking company and have 1 employee.The terms of the IPS was not to leave my home states..This has put a burden on my income.I went ahead and revealed to my wife about the probation and my income.Was I wrong to reveal to her my situation?
Criminal Defense Attorney
The informtion your gave to your wife would probably have come out in the course of a divorce, but the fact that you hid the information through the whole lengthy process might show that you cannot be trusted with giving accurate information to the wife in the future. That being said, there are many parents out and about who have felony probation. Good people do bad things on occasion. Are you a good parent? You have provided financial support but have you been a constant in the children's lives and visited with them often? What is your relationship with the wife, does she think you are a good parent? These things will probably be taken into consideration when you are negotiating an outcome for visitation in the course of your divorce.
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Criminal Defense Attorney
You have a few issues going on. You need to consult a family law attorney regarding the child support issue, an immigration attorney regarding the immigration issue you created by pleading guilty to a felony and a criminal attorney to try to get you off IPS so you can work.
Family Law Attorney
I do not see a problem with this type of felony and you getting visitation rights with your children. I would also assume that you have "weekend" visitation with the children presently. The crime that you committed really does not appear to affect the best interest of the children, was not a violent crime and not a crime against your children. As you stated you were given first offender status, therefore your record will be sealed after you complete the first offender terms, and you will not be felon on this offense. You should consult with an attorney as to your divorce. In Georgia the marital estate is equitably divided from the date of the marriage until the date of the divorce. This may be a time for you properly look at your trucking company and evaluate the exposure that you have in a divorce.