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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12756
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Hi Im an international immigrant. I was arrested yesterday

Resolved Question:

I'm an international immigrant. I was arrested yesterday for "A&B on police officer" complainant because when I was drunk sleeping on the ground, one police officer came to touch me and being unconsious I didn't know what I did to him ( he reported that I hit him several times on his arm ). It was about 3-4 am. I don't think I did any harm to him because I was sleeping and lying on the ground. How could I assault him in that way? Besides, I didn't do anything to him on purpose. If I did make some body contacts with him, it was just a natural reaction when someone touchs me when I am sleeping. I could not tell who he was in that situation (I didn't have my glasses with me and I am myopic. plus, it is very dark at that time) and I was not the one that initiated the body contact, if any. The status now is that I attended the first appearance today and there was no CARI records. I will have the pre-trial or trial on Oct 24. So my questions are 1) what should I do to avoid the charges, and 2) will this affect my immigration status. Thank you for the advice.

Submitted: 9 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 9 months ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Customer:

Hi, this is Peter. Nice to meet you.

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

I am sorry to hear about this unfortunate situation

Alex J. Esq. :

What have you been charged with Peter?

Customer:

I got the criminal complaint of A&B on police officer.

Alex J. Esq. :

In Massachussets?

Customer:

Yes.

Customer:

I was sleeping on the ground because I was drunk. In the report, the PO said he came to me to wake me up and I hit him in the arm.

Customer:

And then he pulled me up and arrested me.

Customer:

It was at about 3 to 4 am.

Alex J. Esq. :

This is an extremely serious criminal charges and you cannot avoid them, since you have already been charged.

Alex J. Esq. :

What is your immigration status here in the US?

Customer:

F1, OPT.

Alex J. Esq. :

Well, conviction of this crime would subject you to a minimum 90 day jail sentence, but it can be a maximum of 2 1/2 years and to mandatory deportation and ban from re-entry to the US.

Alex J. Esq. :

Did you realize that?

Customer:

Yes, I am aware of this. I think what I did was a very natual thing. When people are sleeping, and you want to touch them, they will not let you to touch them.

Alex J. Esq. :

It is also a felony!

Alex J. Esq. :

It is illegal to be drunk in public or sleep on the street

Customer:

It's not on the street.

Customer:

It was in the hall to my home.

Alex J. Esq. :

And this police officer was discharging his official duties when the incident occurred.

Alex J. Esq. :

Hall to your home?

Customer:

Yes.

Alex J. Esq. :

You mean in an apartment building hallway?

Customer:

Behind the hall door.

Customer:

Yes.

Customer:

I was sleeping there.

Customer:

And this PO came to me to check what went wrong with me.

Alex J. Esq. :

Well, that is still a public place, where it would be illegal for you to be drunk or to sleep.

Alex J. Esq. :

Does that make sense?

Alex J. Esq. :

What injuries did this police officer suffered as the result of this incident?

Customer:

No injuries at all.

Customer:

I could not make any injuries in that situation. I was lying on the ground sleeping.

Alex J. Esq. :

Well, at this point you will need to consult and retain an experienced local criminal defense attorney as soon as possible, as any criminal conviction for someone on an F1 visa can cause deportation and even an arrest can cause termination of your visa and deportation.

Alex J. Esq. :

This is not something that would go away by itself and not a case where you can successfully defend yourself in criminal court.

Alex J. Esq. :

What was the amount of your bond?

Customer:

what do you mean by bond?

Alex J. Esq. :

Did you have to post bail or bond in order to be released from jail?

Customer:

No.

Alex J. Esq. :

Were you arrested?

Customer:

They didn't take any money from me today.

Alex J. Esq. :

Did you spend any time in jail after the arrest?

Customer:

Yes, I was arrested. In the report, he said after he tapped me and I reacted, he pulled me up from the ground and arrested me. So, it was not the case that I was standing there fighting with him. I was lying on the ground.

Customer:

I spent the night in the police station.

Alex J. Esq. :

It doesn't matter as long as you hit this officer or made an offensive contact in some way.

Customer:

And I got release this noon after the court.

Alex J. Esq. :

It would not matter whether you were standing up or laying down at this point, but it might be important at your criminal trial.

Alex J. Esq. :

Did you hire an experienced local criminal defense attorney?

Customer:

Yes, I met one today.

Customer:

He said no big deal. Just some kids got drunk.

Customer:

I didn't know he was PO. I could not see clearly in that situation, because I was just waken up by him and I didn't have my glasses.

Customer:

I am very myoptic.

Alex J. Esq. :

Was the police officer in uniform?

Customer:

I don't know.

Alex J. Esq. :

Did you consult with a local immigration attorney about how this will negatively impact your F1 visa?

Customer:

It was in the hall. Very dark. And I was drunk.

Customer:

No, I haven't.

Alex J. Esq. :

Well, those are two things you need to do as soon as possible.

Alex J. Esq. :

Consult with an experienced local criminal defense and immigration attorney and to be very careful dealing with any local attorney who tells you that a felony charge while you are on an F1 visa is "no big deal", I could not disagree more!

Alex J. Esq. :



You can find an experienced local criminal defense and immigration attorney by using this well trusted and reliable attorney information / referral websites:


www.martindale.com


www.lexmundi.com


www.lawyers.com


www.justia.com


I wish you the best of luck and please let me know if you have any related follow up questions.


Customer:

I fully understand. That's why I have these two questions. I am also thinking of hiring two attornies, one for criminal and one for immigrant.

Alex J. Esq. :

Do you have any related follow up questions for me?

Customer:

No, thanks.

Alex J. Esq. :

I am really sorry this has happened to you, but it is important to get legal representation in this case for you as soon as you can, so your legal rights are protected. I wish you the best of luck!

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12756
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 7 other Criminal Law Specialists are ready to help you

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