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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.
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