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J D Haas
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience:  23 years as a trial lawyer with experience in criminal law.
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simple assault and court behaviour-urgent help required

Resolved Question:

SIR, I AM IN NEW JERSEY AND HAD CHARGE OF SIMPLE ASSAULT 2C:12-1A(1) IN DEC-2007 ON MY WIFE. WE MADE UP IMMEDIATELY BY KISSING EACH OTHER. THERE WAS NO RESTRAINING ORDER ISSUED. STILL I WAS ARRESTED BY POLICE AND RELEASED AFTER TWO HOUR .

I WENT TO COURT WITH MY WIFE AND PLEAD NO GUILTY. MY WIFE TOLD PROSECUTOR THAT IT WAS JUST AN ACCIDENT AND WE HAVE BEEN HAPPILY MARRIED FROM LAST 5 YEARS AND REQUESTED TO DISMISS THE CASE.

THEN JUDGE PUT THE PROBATION PERIOD OF 5 MONTHS. MY QUESTIONS.

1. WHAT WE SHOULD DO IN THE PROBATION PERIOD SO THAT CHARGES GETS DISMISSED. TO-DO LIST?
2. IS ANY SOCIAL SERVICE /ANGER MANAGEMENT CLASSES CERTIFICATES HELPS US IN DISMISSING THE CASE.
3. WHAT GENERALLY HAPPENS IN THIS KIND OF CASE WHEN THERE IS NO OTHER COMPLAINT IN PROBATION PERIOD AND VICTIM MY WIFE) IS FAVORING ME AND ASKING TO DISMISS THE CASE.

4. IS THIS TIME MY WIFE OR MYSELF HAS TO GIVE WRITTEN STATEMENT FOR DISMISSAL THE CASE? IF YES, WHAT SHOULD BE THE CONTENT OF THAT.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  J D Haas replied 6 years ago.
I will try to help you as much as I can.

1) You must understand that your actions will give you the best chance of the charges being dismissed. Whether the charges are dismissed will be based upon your criminal background, any similar past charges, the fact that your wife wants a dismissal, and your actions to prevent a similar occurrence. Regardless, this will be the judge's decision and if the judge rules that the charges will stand, then the charges will stand even if your wife wants them dropped.

2) Family counselling so that the occurrence does not repeat. Anger management classes for the same result. Fully engage in these classes and follow through with recommendations. Contact your parole officer, if any, to get his/her recommendations on actions to take. Get the county or state involved for requested resources for you to change.

3) If you sincerely XXXXX XXXXX steps the chances are good that charges will be dropped; however, please remember that is the judge's decision only.

4) Your wife should write a letter explaining the event, that it had never occurred before, the nature of your relationship, and the actions that you have taken to change and any change that she has noticed. This will give you your best chance

My sincere best wishes to you and to your family.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

Please be aware that my answer is not legal advice,
it is merely information. The only way that I am legally
responsible for your legal rights is if you have signed
a written retainer agreement with my law firm.
J D Haas, Lawyer
Category: Criminal Law
Satisfied Customers: 2998
Experience: 23 years as a trial lawyer with experience in criminal law.
J D Haas and other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Dear Sir, Thank you very much for your advise, I have couple of more questions. Please advise on them too and oblige.
1. who is known as a parole officer? Is he the same as prosecutor??

2. should my wife send the letter explaining all the details before date of hearing OR carry with her to court on hearing day? Will the judge or prosecutor give her a chance to explain the event?

3. what is the best that my wife should plead to JUDGE, is it DISMISSAL or anything ELSE , so the effect of this incident is permanently removed from my history.

3. My Green card processing is going on. If this case gets degraded or dismissed even then will there be any effect on Green card processing.

4. Will the green card be cancelled or any query will be sent to me before deciding on my green card??

4. Can this case even after dismissal or degraded lead to DEPORT from USA or IN ADMISSABILITY to USA.

5. After how many years this case will be permanently removed from my history.
Expert:  J D Haas replied 6 years ago.
The prosecutor is the person bringing the case against you such as the district attorney or the county or city attorney. The parole officer is a person who makes sure that people convicted of crimes obey the rules of their parole or suspended sentence.

Your wife should prepare it now so that there is time for revision. The judge probably will give her a chance to explain the situation.

If the case is dropped or dismissed it probably will have no effect on immigration although I cannot guarantee that. I cannot guarantee the immigration implications of the case. Your best result would be a dismissal for your immigration.

The case will not be permanently removed from your history if you are convicted unless you have the record "expunged" or removed. That is not too costly a procedure and many lawyers provide that service. Good luck.

I hope that I have helped you and that I have answered all of your questions. Please
ask more questions if I have not answered all of your questions.

Please be aware that my answer is not legal advice, it is merely information.
You and I have not entered into an attorney/client relationship, and I am not
responsible for your legal rights. The only way for us to be in an
attorney/client relationship is if you have signed a written retainer agreement
with my law firm.

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J D Haas
J D Haas
Criminal Lawyer
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23 years as a trial lawyer with experience in criminal law.