Only the state can press charges. They will do so when there is probable cause for the charge regardless of your wishes. However, not having a willing witness significantly decreases the chances of prevailing at trial making a plea to a lesser offense or a Stay of any prosecution possible.
For immigration purposes, a domestic assault is considered a crime of moral turpitude. However, in my experience, it does not usually result in removal proceedings unless there is a second offense.
First, it would seem that there are defenses that could preclude a conviction. Nonetheless, even if convicted, a deportation (removal proceeding) seems unlikely.
if he has a DUI three years ago, does that affect his case?
i dont want him deported. i just want him to get counselling. i didnt know they were going to arrest him, i just want to document his hitting to show him i wont tolerate this in our relationship.
Yes. Two crimes of moral turpitude could certainly result in the INS seeking removal proceedings. As a result, an aggressive defense on the current charge is critical.
Yes. He can be deported for crimes of moral turpitude. The convictions are what is important. The INS cares little for remedial measures. That is an issue that may convince the prosecutor to offer a plea arrangement that will not result in conviction.
ok thanks. so i think i need an attorney.
He needs a good defense attorney.
Please click ACCEPT below
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).