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I got a nolle prosecution on a case, will that hinder me…

Customer Question
I got a nolle...

I got a nolle prosecution on a case, will that hinder me from travelling

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Miami florida

Lawyer's Assistant: Has anything been filed or reported?

I guess so

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

Can I travel to Jamaica and come back without worrying

Submitted: 7 months ago.Category: Legal
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Answered in 5 minutes by:
10/1/2017
Lawyer: LegalKnowledge, Attorney replied 7 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 31,459
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 7 months ago

Good morning. When the State Attorney enters a nolle prosecution on a case, they are deciding to not go forward with the charges and are dismissing the case. As such, the defendant was not convicted or even plead to anything, so nothing would be on their record. The arrest itself or charge, without anything further happening, should not prevent entry or return.

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Customer reply replied 7 months ago
Will a resisting arrest charge be a problem
Lawyer: LegalKnowledge, Attorney replied 7 months ago

It should not, since the case/charge was dismissed. The arrest alone should not prevent entry or return, as no action was taken by the courts. Had you been convicted or taken a plea and adjudication was withheld and this was on your record, it could be an issue but if you were arrested and the case was dismissed/dropped, it should not be an issue since no action was taken.

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Customer reply replied 7 months ago
I was arrested for Marijuana possession and resisting arrest, however they gave me a nolle prosecution on the marijuana charge and charge me with resisting arrest, and told a had credit time serve and I came home.
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Thank you. That information changes things. You originally shared that they dismissed your charge but are now adding that they did charge you and you served time but got credit for time served. Do you know if they adjudicated you on the resisting charge?

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Customer reply replied 7 months ago
I got charge for resisting arrest and nolle prosecution on marijuana charge
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Thank you. I have provided a link below, to their consulate, which lays out and states what is needed for entry and/or what could prevent it. This is not stated as something which may prevent it but Monday, you can simply call ahead of time to just confirm.

http://www.congenjamaica-ny.org/visas/requirements-2/

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Customer reply replied 7 months ago
I'm not an American citizen, and I'm worried they won't let me back in the usa
Lawyer: LegalKnowledge, Attorney replied 7 months ago

Do you have a visa or anything which would allow you entry? Are you in the US legally?

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Customer reply replied 7 months ago
I have a green card
Lawyer: LegalKnowledge, Attorney replied 7 months ago

You could have an issue, so you need to be aware. Each case is unique in nature, so on Monday, you need to call and speak with them about this, to confirm and see. I know it is not ideal but you are sharing more and more information, which could be an issue or problem for you, I am sorry to say.

Lawful Permanent Resident's (LPR) convicted of certain crimes cannot be denied reentry into the U.S., although they will be referred to an Immigration Hearing to determine deportability.

Once a determination of deportability has been made, the LPR status is revoked, and a deportation order handed down. Once such an order has been issued, a former LPR would not be allowed entry into the U.S. after any subsequent trip out of the U.S. unless a Waiver of Inadmissibility (I-192) is granted or if a Port Director approves a temporary parole (usually for humanitarian purposes).

The legal grounds for removal of LPR status are found in the Immigration and Nationality Act, Section 237.

The U.S. does not deny entry to persons with a "Driving Under the Influence" (DUI) conviction, although if there are multiple convictions for this and or other misdemeanors, you could be denied entry.

Generally, any convictions for drug possession can result in denial of entry. If the conviction was long ago, you might contact the U.S. Embassy, Office of Consular Affairs in your country to obtain a waiver. Other misdemeanors may result in denial if they were recent.

A crime of moral turpitude (CIMT) may be grounds to deny entry to the U.S.

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