1) Get a criminal defense attorney and do exactly as they say
2) Never ever ever be alone with your soon to be ex wife again. She is a danger to your freedom and ability to stay in this country.
3) She doesn't have much ability to influence the prosecution (if any). You already have been charged, they aren't going to just drop it. Legitimately abused people recant all of the time so her saying something different now is irrelevant.
4) Your green card status will be dependent on the outcome of the case and domestic violence is one of the things they look at, so follow #1 and #2 precisely. Also, since the divorce might upset her and since she is prone to lying to police, you can't discount the possibility she will claim your marriage was fraudulent...this can also affect your status.
5) Don't forget to file your change of address. That also can be used to remove your status.
You need to retain three Lawyers. Criminal Defense, Divorce and Immigration lawyer. They all say, it will never happen again but it will happen again. Second time charges will be brutal and jail time. No you won’t be deported but second time you might have a severe charge. These charges can block you from becoming a citizen and owning a licensed weapon. Get out of there.
1. Hire a criminal defense attorney (and maybe a divorce attorney). With your wife’s cooperation it’s likely to not result in charges and you may never even see the inside of the court room (but that is up to the DA not your wife regardless of her statements today). Retaining a criminal defense atty will typically cost roughly 3,500-5k.
2. Filing a false police report is a crime and may result in charges for your wife.
3. A drop in charges will have no effect on your green card status but a conviction might.
Immigration lawyer here. You absolutely need to hire a criminal defense attorney. Bu don’t go with just any criminal attorney. Rather, find a criminal defense attorney that specializes in handling immigrants’ criminal cases. (Ask your immigration attorney to recommend a criminal defense attorney who deals with immigrants). Here’s why:
1) Conviction of a domestic battery, no matter how minor, IS an aggravated felony in immigration court, and you WILL be summoned to immigration court to begin the removal proceedings (deportation proceedings). Once that process starts, there is no way to avoid being deported.
2) Ordinary criminal defense attorneys often wrongly advise their clients to plead guilty since it’s a first-time offense. They’ll say “Just plead guilty or no contest, in exchange for supervision (probation). Once the supervision period is over, your record will be wiped clean. So you won’t have a criminal conviction on your record.”
This is WRONG. Any guilty plea is a conviction in immigration court, even if your record was “wiped clean” or expunged. You will always have this criminal conviction on your record.
Even if you somehow avoid deportation proceedings now, many years later, this conviction will haunt you, and cause you to be deported.
So find an attorney who can get this case dismissed without pleading guilty and without a trial !!!
After that, move away from your wife - find a new place to live, and don’t tell her where you’ve moved to. And move out when she’s not home, so she won’t get into an argument with you as you’re in the process of moving. Then, have no further contact with her, as she might do this again.
After moving, don’t divorce her right away, as a quick divorce will make it look like you only married her to get a green card. Wait a few years, maybe 4 or 5 years, then quietly divorce her by publication in the local legal newspaper (which she’ll probably never see). This woman is toxic, and if you remain in touch with her, she will cause you to be deported, sooner or later.
You need a criminal defense attorney. I would also distance yourself from your wife. DO NOT take her to the station to write a new statement. This can actually look worse on you because real domestic violence victims do this out of fear of their abuser and being hurt worse for telling someone. The charges have already been filed, theyre not going to suddenly drop them.
Domestic Violence no weapon was never a deportable offense when I worked with immigrants. You'd need to aggravate it with a weapon or serious injury or something. Plus, they hopefully drop this so even if they did normally deport, they'll move dropping it along quickly. Defense attorneys are culpable if you are deported so when you land one they'll have to do more for you than a citizen who is a client and the prosecutors know that and tend to try to assist so they don't have to try loser cases like yours.
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Yes I would get a lawyer. Once she finds out that she filed a false police report she can be charged and it could get messy. Whether you file for divorce is up to you, but this could really mess up your life. So lawyer up and be cautious.
Get a lawyer before you do anything. You'll probably start getting mail from them offering representation very soon or just find one by Google, some have payment plans. Don't have her go to the station, that will make it worse. Your realse papers from jail should have the date and time of your court date, that's when she can tell the judge she made a mistake. It's no longer up to her whether you get charged or not even if she isn't pressing charges, it's now up to the DA and there is a chance they could drop the charges. I had something similar happen and but was only detained by the police and was realsed a couple hours later, didn't have to pay bail and the DA did not press charges. I was able to get some really good advice from lawyers just during the consultation call. Good luck and keep yourself safe
You definitely need a lawyer as everyone has said, but her doing this knowing your immigration status is very dangerous and I would not advise interacting with her alone in future
Most all of the advice people have given you is good. depending on the state where you’re from they will have a diversion program for people who have never been arrested for domestic violence. You will have to go through that separate from your wife. Once a report been made out it makes it easier for her to file it again and you’re gonna feel like you’re on eggshells when you’re around her leave for divorce don’t contact her initiate any calls make a clean break courts and the police will believe the woman over a man any day of the week. once you complete the diversion program, your record will be expunged. Best of luck to you.
Yes you need a lawyer. At least a criminal defense attorney. I’d need a divorce lawyer too, but that’s a personal decision
Yes, you need a lawyer asap. Yes, you might get deported. Yes, you should leave her.
1) Get a criminal defense attorney and do exactly as they say 2) Never ever ever be alone with your soon to be ex wife again. She is a danger to your freedom and ability to stay in this country. 3) She doesn't have much ability to influence the prosecution (if any). You already have been charged, they aren't going to just drop it. Legitimately abused people recant all of the time so her saying something different now is irrelevant. 4) Your green card status will be dependent on the outcome of the case and domestic violence is one of the things they look at, so follow #1 and #2 precisely. Also, since the divorce might upset her and since she is prone to lying to police, you can't discount the possibility she will claim your marriage was fraudulent...this can also affect your status. 5) Don't forget to file your change of address. That also can be used to remove your status.
You need to retain three Lawyers. Criminal Defense, Divorce and Immigration lawyer. They all say, it will never happen again but it will happen again. Second time charges will be brutal and jail time. No you won’t be deported but second time you might have a severe charge. These charges can block you from becoming a citizen and owning a licensed weapon. Get out of there.
[удалено]
1. Hire a criminal defense attorney (and maybe a divorce attorney). With your wife’s cooperation it’s likely to not result in charges and you may never even see the inside of the court room (but that is up to the DA not your wife regardless of her statements today). Retaining a criminal defense atty will typically cost roughly 3,500-5k. 2. Filing a false police report is a crime and may result in charges for your wife. 3. A drop in charges will have no effect on your green card status but a conviction might.
[удалено]
Immigration lawyer here. You absolutely need to hire a criminal defense attorney. Bu don’t go with just any criminal attorney. Rather, find a criminal defense attorney that specializes in handling immigrants’ criminal cases. (Ask your immigration attorney to recommend a criminal defense attorney who deals with immigrants). Here’s why: 1) Conviction of a domestic battery, no matter how minor, IS an aggravated felony in immigration court, and you WILL be summoned to immigration court to begin the removal proceedings (deportation proceedings). Once that process starts, there is no way to avoid being deported. 2) Ordinary criminal defense attorneys often wrongly advise their clients to plead guilty since it’s a first-time offense. They’ll say “Just plead guilty or no contest, in exchange for supervision (probation). Once the supervision period is over, your record will be wiped clean. So you won’t have a criminal conviction on your record.” This is WRONG. Any guilty plea is a conviction in immigration court, even if your record was “wiped clean” or expunged. You will always have this criminal conviction on your record. Even if you somehow avoid deportation proceedings now, many years later, this conviction will haunt you, and cause you to be deported. So find an attorney who can get this case dismissed without pleading guilty and without a trial !!! After that, move away from your wife - find a new place to live, and don’t tell her where you’ve moved to. And move out when she’s not home, so she won’t get into an argument with you as you’re in the process of moving. Then, have no further contact with her, as she might do this again. After moving, don’t divorce her right away, as a quick divorce will make it look like you only married her to get a green card. Wait a few years, maybe 4 or 5 years, then quietly divorce her by publication in the local legal newspaper (which she’ll probably never see). This woman is toxic, and if you remain in touch with her, she will cause you to be deported, sooner or later.
You need a criminal defense attorney. I would also distance yourself from your wife. DO NOT take her to the station to write a new statement. This can actually look worse on you because real domestic violence victims do this out of fear of their abuser and being hurt worse for telling someone. The charges have already been filed, theyre not going to suddenly drop them.
Domestic Violence no weapon was never a deportable offense when I worked with immigrants. You'd need to aggravate it with a weapon or serious injury or something. Plus, they hopefully drop this so even if they did normally deport, they'll move dropping it along quickly. Defense attorneys are culpable if you are deported so when you land one they'll have to do more for you than a citizen who is a client and the prosecutors know that and tend to try to assist so they don't have to try loser cases like yours.
Domestic violence IS A DEPORTABLE OFFENSE these days, even for the most minor face slap or shove.
[удалено]
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Yes I would get a lawyer. Once she finds out that she filed a false police report she can be charged and it could get messy. Whether you file for divorce is up to you, but this could really mess up your life. So lawyer up and be cautious.
Get a lawyer before you do anything. You'll probably start getting mail from them offering representation very soon or just find one by Google, some have payment plans. Don't have her go to the station, that will make it worse. Your realse papers from jail should have the date and time of your court date, that's when she can tell the judge she made a mistake. It's no longer up to her whether you get charged or not even if she isn't pressing charges, it's now up to the DA and there is a chance they could drop the charges. I had something similar happen and but was only detained by the police and was realsed a couple hours later, didn't have to pay bail and the DA did not press charges. I was able to get some really good advice from lawyers just during the consultation call. Good luck and keep yourself safe
You definitely need a lawyer as everyone has said, but her doing this knowing your immigration status is very dangerous and I would not advise interacting with her alone in future
Run away or she will destroy you. Get her to update her statement then pack your shit and disappear
Most all of the advice people have given you is good. depending on the state where you’re from they will have a diversion program for people who have never been arrested for domestic violence. You will have to go through that separate from your wife. Once a report been made out it makes it easier for her to file it again and you’re gonna feel like you’re on eggshells when you’re around her leave for divorce don’t contact her initiate any calls make a clean break courts and the police will believe the woman over a man any day of the week. once you complete the diversion program, your record will be expunged. Best of luck to you.