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Questions about Misdemeanor Laws

Misdemeanors are criminal acts that are less severe than a felony and are usually punishable by monetary fines or probation. However, a misdemeanor can be punishable by jail time of one year or less. Below are misdemeanor related questions that have been answered by Experts.

Is a class 4 misdemeanor for drunk in public going to show up on my background checks? Is it better to pay it online or to go to court? I am a legal non immigrant on a visa here in the US, it this offense going to have any effect when I apply for my immigration?

It is possible that a class 4 misdemeanor will show up on future background checks. You have a couple of options. First, you can hire an attorney who can speak with the prosecutor and try to get a "pre trial diversion" This is where you pay your fine and have probation. Once you complete the probation and pay the fine, your case will be dismissed. If you cannot afford an attorney, you can approach the prosecutor with the same offer.

As for the immigration, this shouldn't have any effect to that.

I am charged with a Class A misdemeanor in Indiana (Possession of Drug Paraphernalia - Pipe) yet the cited statute indicates that states the crime is Class B. Is this important?

This is a simple mistake made on the charging document. It is actually a Class A misdemeanor. The mistake will not hurt you but it won't help you either. When you go to court, you will be told of the proper charge

I have a petty misdemeanor drug possession. I have a permit to carry a concealed firearm. I have not been revoked for the charge even though I pled guilty not realizing what it can do to my gun rights. I just tried to buy a firearm and was denied. Could this charge affect my gun rights

Your gun rights will be affected if you plead guilty and were convicted of a misdemeanor. Minnesota law states that if you have been convicted of a misdemeanor drug offense, you cannot possess a fire arm. You may be able to get the misdemeanor expunged from your record. An attorney can assist you with the options available to you once they review your case.

What states will not allow extradition on a class B misdemeanor harassment?

Every state will allow extradition on a Class B misdemeanor. However, the state that issued the warrant may not be willing to pick the person up. Whether or not a person will be extradited usually depends on the resources available to the county seeking the extradition. Law requires that if you are arrested, that you are to be held while the other state has been given an opportunity to extradite. Even if the county seeking the extradition doesn't come for you, you should be prepared to sit in jail for at least a couple of months.

How do I get a misdemeanor expunged in N.C.?

The only way a person can get an expungement in North Carolina would be if the person was acquitted or their case was dismissed. You can learn more about this topic by going here: http://www.ncga.nc.us/EnactedLegislation?Statutes/HTML/BySection/Chapter_15A/GS_15A-146.html

How long does a misdemeanor stay on your record in Arizona? I am over 18 yrs old.

You would have to obtain a pardon in order to remove a conviction from your record. The link provided will offer information on the office where you can obtain an application for a pardon: http://www.doc.state.nc.us/clemency/index.htm

Arizona doesn't use the term expungement, they use setting aside a judgment.

A misdemeanor is a criminal offense that is less serious than a felony. While the misdemeanor may be less serious than a felony, the effects of a misdemeanor on your record can follow you throughout life. If you find yourself charged with a misdemeanor, you should ask an Expert for legal insights to help you with making a decision to best suit your individual situation.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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