Expungement & misdemeanor cases - Page 4
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Originally Posted by Blood_rush_89
I'm kind of freaking out about this too. In 2008, my friends came to NYC and we were planing on taking the subway. I doubled up (paying for one fare while two people go through the turn-slide) my friend to avoid paying another $2.50 (since her metrocard malfunctioned). So right when we got through the turnslide, the cops caught us on camera and hit us with a $60 fine each. Of course, I figured it was a small summon because the cops just told me to pay the fine and it'd only turn into a huge case if i didn't pay. He gave us our tickets and we were done in like 10 minutes so I assumed that it was just a small ticket considering it was only worth $2.50 fare.
So recently, my friend mentioned to me how avoiding that MTA fare many years ago could potentially hurt my chances at the deferred action and originally I just kind of ignored it because I thought it was such a minor offense. However, I was still paranoid so I decided to look into it more. I posted a question on avvo (website of lawyers & docs) and asked them the severity of it and a lawyer responded saying that avoiding an MTA fare is considered a Theft of Services, PL 165.15 which is a class A misdemeanor. So i'm really really worried about my chances of getting approved now. That was my first and only crime I've ever committed. What do you guys think of my chances for deferred action? Is it worth it to still apply? |
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Last edited by Dres2011; 08-04-2012 at 02:50 PM..
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Originally Posted by Blood_rush_89
I'm kind of freaking out about this too. In 2008, my friends came to NYC and we were planing on taking the subway. I doubled up (paying for one fare while two people go through the turn-slide) my friend to avoid paying another $2.50 (since her metrocard malfunctioned). So right when we got through the turnslide, the cops caught us on camera and hit us with a $60 fine each. Of course, I figured it was a small summon because the cops just told me to pay the fine and it'd only turn into a huge case if i didn't pay. He gave us our tickets and we were done in like 10 minutes so I assumed that it was just a small ticket considering it was only worth $2.50 fare.
So recently, my friend mentioned to me how avoiding that MTA fare many years ago could potentially hurt my chances at the deferred action and originally I just kind of ignored it because I thought it was such a minor offense. However, I was still paranoid so I decided to look into it more. I posted a question on avvo (website of lawyers & docs) and asked them the severity of it and a lawyer responded saying that avoiding an MTA fare is considered a Theft of Services, PL 165.15 which is a class A misdemeanor. So i'm really really worried about my chances of getting approved now. That was my first and only crime I've ever committed. What do you guys think of my chances for deferred action? Is it worth it to still apply? |
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Originally Posted by sanchez'12
unless you have been charged
or convicted of it you should be ok. |
I think you meant only Convicted.
You are presumed innocent until proven guilty, a charge is only an accusation until you are found Guilty then you are convicted. If the case is dismissed or you are found NOT guilty you are aquitted of the charge and as long as you provide supporting documentation you should be in the clear
Last edited by G-money; 08-07-2012 at 01:15 AM..
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Originally Posted by Blood_rush_89
I'm kind of freaking out about this too. In 2008, my friends came to NYC and we were planing on taking the subway. I doubled up (paying for one fare while two people go through the turn-slide) my friend to avoid paying another $2.50 (since her metrocard malfunctioned). So right when we got through the turnslide, the cops caught us on camera and hit us with a $60 fine each. Of course, I figured it was a small summon because the cops just told me to pay the fine and it'd only turn into a huge case if i didn't pay. He gave us our tickets and we were done in like 10 minutes so I assumed that it was just a small ticket considering it was only worth $2.50 fare.
So recently, my friend mentioned to me how avoiding that MTA fare many years ago could potentially hurt my chances at the deferred action and originally I just kind of ignored it because I thought it was such a minor offense. However, I was still paranoid so I decided to look into it more. I posted a question on avvo (website of lawyers & docs) and asked them the severity of it and a lawyer responded saying that avoiding an MTA fare is considered a Theft of Services, PL 165.15 which is a class A misdemeanor. So i'm really really worried about my chances of getting approved now. That was my first and only crime I've ever committed. What do you guys think of my chances for deferred action? Is it worth it to still apply? |
Read the guide lines...
If I have a conviction for a felony offense, a significant misdemeanor offense, or multiple misdemeanors, can I receive an exercise of prosecutorial discretion under this new process?
No. If you have been convicted of a felony offense, a significant misdemeanor offense, or three or more other misdemeanor offenses not occurring on the same date and not arising out of the same act, omission, or scheme of misconduct, you will not be considered for deferred action under the new process except where DHS determines there are exceptional circumstances.
What offenses qualify as a felony?
A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.
What offenses constitute a significant misdemeanor?
For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law[COLOR="rgb(160, 82, 45)"] (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days)[/color] and that meets the following criteria:
[COLOR="rgb(160, 82, 45)"]Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,[/color]
If not an offense listed above, is one for which the individual was[COLOR="rgb(160, 82, 45)"] sentenced to time in custody of more than 90 days.[/color] The sentence [COLOR="rgb(160, 82, 45)"]must involve[/color] time to be served in custody, and therefore does not include a suspended sentence.
The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by U.S. Immigration and Customs Enforcement (ICE). Notwithstanding the above, the decision whether to defer action in a particular case is an individualized,[COLOR="rgb(160, 82, 45)"] discretionary one that is made taking into account the totality of the circumstances.[/color] Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of 90 days or less.
What offenses constitute a non-significant misdemeanor?
For purposes of this process, a non-significant misdemeanor is any misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:
[COLOR="rgb(160, 82, 45)"]Is not an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; and
[/color]
Is one for which the individual [COLOR="rgb(160, 82, 45)"]was sentenced to time in custody of 90 days or less. [/color]
The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by ICE. Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion.
If I have a minor traffic offense, such as driving without a license, will it be considered a non-significant misdemeanor that counts towards the “three or more non-significant misdemeanors” making me unable to receive consideration for an exercise of prosecutorial discretion under this new process?
A minor traffic offense will not be considered a misdemeanor for purposes of this process. However, your entire offense history can be considered along with other facts to determine whether, under the totality of the circumstances, you warrant an exercise of prosecutorial discretion.
It is important to emphasize that driving under the influence is a significant misdemeanor regardless of the sentence imposed.
Will offenses criminalized as felonies or misdemeanors by state immigration laws be considered felonies or misdemeanors for purpose of this process?
No. Immigration-related offenses characterized as felonies or misdemeanors by state immigration laws will not be treated as disqualifying felonies or misdemeanors for the purpose of considering a request for consideration of deferred action pursuant to this process.
Will DHS consider my expunged or juvenile conviction as an offense making me unable to receive an exercise of prosecutorial discretion?
Expunged convictions and juvenile convictions will not automatically disqualify you. Your request will be assessed on a case-by-case basis to determine whether, under the particular circumstances, a favorable exercise of prosecutorial discretion is warranted. If you were a juvenile, but tried and convicted as an adult, you will be treated as an adult for purposes of the deferred action for childhood arrivals process.
__________________
"The world is my country, science my religion"- Constantine Huygens
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Originally Posted by dado123
Hi all, this all great news, but my brother got a DUI back in the day, about 7yrs ago, I don't know how this will impact eligibility for deferred action, what do you guys think ?
What offenses qualify as a felony? A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year. What offenses qualify as a “significant misdemeanor”? A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs. How many non-significant misdemeanors constitute “multiple misdemeanors” making an individual ineligible for an exercise of prosecutorial discretion under this new process? An individual who is not convicted of a significant misdemeanor but is convicted of three or more other misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of misconduct is not eligible to be considered for deferred action under this new process. What qualifies as a national security or public safety threat? If the background check or other information uncovered during the review of an individual’s request for deferred action indicates that the individual’s presence in the United States threatens public safety or national security, he or she will be ineligible for an exercise of prosecutorial discretion. Indicia that an 6 individual poses such a threat include, but are not limited to, gang membership, participation in criminal activities, or participation in activities that threaten the United States. How will ICE and USCIS handle cases involving individuals who do not satisfy the eligibility criteria under this new process but may be eligible for an exercise of prosecutorial discretion under the June 2011 Prosecutorial Discretion Memoranda? If an individual has a final order of removal and USCIS determines that he or she does not satisfy the eligibility criteria, then it will reject the individual’s request for deferred action. That individual may then request an exercise of prosecutorial discretion under the ICE June 2011 Prosecutorial Discretion Memoranda through any of the established channels at ICE, including through a request to the ICE Office of the Public Advocate or to the local Field Office Director. USCIS will not consider requests for review under the ICE June 2011 Prosecutorial Discretion Memoranda. If an individual is currently in removal proceedings and ICE determines that he or she does not satisfy the eligibility criteria for deferred action under this process, it will then consider whether the individual is otherwise eligible for an exercise of prosecutorial discretion under its current practices for assessing eligibility under the June 2011 Prosecutorial Discretion Memoranda. Will there be supervisory review of decisions by ICE and USCIS under this http://www.ice.gov/doclib/about/offi...on-process.pdf |
The first time includes: no license, leaving scene, failing to report, falling too close.
second time: unlicensed driver. Will this count as a misdemeanor? Since I have to go to court twice, is it 2 different actions or counts as one because it resulted in one day? it just happened in 2 different towns.
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Originally Posted by beachgirlx19
When I was 17, I went to court driving no license. I paid the fine and I couldn't drive for 6 months. I was driving yesterday. I went to the beach with my friends using my uncle's car. I was at a red light and I let go of my brake and my car tapped the car in front of me, but not hard, no property damage and the lady was fine. The lady pulled over to the side of the road but I got scared and panicked that I don't have my license, so I left the scene. She called the cops, and they caught me the next town. I have no idea why I left I just got so scared. Now I have to go to court 2 times, in 2 different courts.
The first time includes: no license, leaving scene, failing to report, falling too close. second time: unlicensed driver. Will this count as a misdemeanor? Since I have to go to court twice, is it 2 different actions or counts as one because it resulted in one day? it just happened in 2 different towns. |
My friend accidentally hit someone but they made a secret deal and moved on their way so that cops didn't have to get in on it.
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Originally Posted by beachgirlx19
When I was 17, I went to court driving no license. I paid the fine and I couldn't drive for 6 months. I was driving yesterday. I went to the beach with my friends using my uncle's car. I was at a red light and I let go of my brake and my car tapped the car in front of me, but not hard, no property damage and the lady was fine. The lady pulled over to the side of the road but I got scared and panicked that I don't have my license, so I left the scene. She called the cops, and they caught me the next town. I have no idea why I left I just got so scared. Now I have to go to court 2 times, in 2 different courts.
The first time includes: no license, leaving scene, failing to report, falling too close. second time: unlicensed driver. Will this count as a misdemeanor? Since I have to go to court twice, is it 2 different actions or counts as one because it resulted in one day? it just happened in 2 different towns. |
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