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Whether I have a criminal or arrest record?: I am planning to apply to a new F-1 visa as an international student, as my current student visa has been expired.
Yet, two months ago, I was given a traffic ticket on I-94 near battlefields for a traffic misdemeanor charge -- improper use of plate, and the police officer confiscated my driver license.
I finally went to the court to pay $100 bond to take back my license, and employed an attorney to help me with the plea bargain. The charge has finally reduced to a civil infraction (improper display of plate) from misdemeanor.
I am concerning whether I have arrest and criminal record when I am filling the immigration form, as the charge eventually has been reduced to infraction level, and I have never been sent to jail/ bond court but merely a citation.
Thanks

Asked 9 months ago in Immigration

Michael’s answer: If in fact your misdemeanor charge was reduced to a civil infraction, and you have no other criminal convictions, then your criminal record will reflect no criminal convictions. If you immigration form asks whether you have ever been charged with a misdemeanor/criminal offense, however, the answer is yes. To protect your immigration status, it might be wise to consult with an immigration attorney. Good luck!

Answered 9 months ago.


Double jeopardy?: my fiance was sentenced for a 2 crimes and now his federal lawyer is saying they wanna hit him again with same crime even though they gave him his time for both crimes n the first place these 2 crimes have same case number and all so when judge was sentencing him for the first crime he seen this other crime which was firearms and gave him a harsher sentence and then must have turned the gun case over to the feds now they r trying to hit him again when they already sentenced him for it.. his new fed lawyer is telling him this gun case has nothing to do with the first???

Asked 10 months ago in Federal Crime

Michael’s answer: There's really not enough information here to provide a detailed answer. If your fiance's attorney has explained that the new case is distinct from the first, then I'm inclined to believe the attorney.... Research the general definition of "double jeopardy" on Wikipedia here: https://en.wikipedia.org/wiki/Double_jeopardy.

Although it may not apply here based upon what the attorney told your fiance, you should also research the "dual sovereignty doctrine". Basically, double jeopardy does not apply to separate prosecutions by the State and Federal governments, so he could be convicted by the state and the feds for exactly the same incident without running afoul of double jeopardy. In practice, however, this is extremely rare.

Answered 10 months ago.


What charges could possibly be pressed if a 14 and 19 year old were to date? : The mother of the 14 year old is okay with the relationship but the father is not. He is threatening to press charges if the relationship does not end. I cannot find the answer to my question about which charges could he press if there is no sexual contact.

Asked 11 months ago in Sex Crime

Michael’s answer: This is definitely risky business due to the severe potential consequences (including felony conviction, sex offender registry, incarceration, fines/costs, etc.) if the 19 year-old is ever convicted of what is commonly known as statutory rape. The 14 year-old has more than a year before she is of legal age (16). Given the nature of young lust, the 19 year-old is playing with fire. Consentual penetration implicates felony Criminal Sexual Conduct in the 3rd degree. Even consentual sexual activity that does not include penetration can implicate felony Criminal Sexual Conduct in the 4th degree if there is more than a five year difference in the couples' ages.

All of that being said, if there is truly no sexual contact the 19 year-old could still be charged with misdemeanor Contributing to the Delinquency of a Minor, if he somehow encourages her to become delinquent. Research the law yourself by Googling "MCL 750.145".

Answered 11 months ago.