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My husband was arrested and received a desk appearance for…

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Hello, my husband was...

Hello, my husband was arrested and received a desk appearance for this violation. My question is there any way to request an earlier hearing? It is scheduled for 01/16/18 but he has his citizenship oath ceremony on 12/12/17

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

NY Today

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have had the suspension lifted with dmv

Submitted: 6 months ago.Category: Criminal Law
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Answered in 1 minute by:
12/7/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,908
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 6 months ago
Understood thank you
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

The difficulty is that cases which are DATd are low-level offenses. It generally will take a couple of weeks for this to even be filed with the court. The court cannot advance the date for you if they have no record of the case yet.

You can call the court, every day if you like, and see if they have it. Once they do, he can go in and request an earlier hearing. But in my experience as a NYC criminal lawyer, it won't be in the system until after your husband's citizenship date.

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Customer reply replied 6 months ago
Understood as well thank you.
Are you able to provide any advice as to which documents we can bring to back up this violation for the citizenship?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Sorry for the delay. I have other customers as well and take followups in the order they are received.

Your husband is not going to be able to take the oath with an open case. But whenever it's finally closed, this has to resolve itself in the best possible way. He'll have to show Immigration a certificate of disposition which is an official document showing how the case came out, and generally the police report. He should also show that he's reinstated his license.

While sometimes, just showing the DA that you've reinstated your license can get your matter dismissed outright, other times the DA wants an ACD or a criminal violation. So it may also be a good idea for your husband to have a lawyer with him when he has his court date.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 6 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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