Legal Question in Immigration Law in Minnesota

Question about Domestic Assault

I was arrested for Domestic Assault 5th degree on Friday night, Released on bail Saturday night.

It looks like I've broken rules #1 and #2. I did not contact a lawyer and I did make a statement to the police without counsel. I was released conditionally, one of the conditions is to have no contact with my wife until the court date on 7/7.

Without getting in to the details at this point, there was no assault. My wife wants to just forget about the whole thing a get on with our lives as do I. She has told this to the police and to the judge. From what I hear, 2nd or 3rd hand, everyone thinks the case will just be dropped or dismissed on 07/07.

There a couple little twists that have me more than a little concerned. First, we work for the same company in the same office. She has taken off work today to try and get the condition modified or removed but the bottom line is we can't have 1 of us off work for 3 weeks or even 3 days. One or both of us will lose our jobs.

Second, I am a conditional resident alien. Can I be deported?


Asked on 6/19/00, 12:36 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Question about Domestic Assault

You did violate rules #1 and 32.

First, the most important question, can you be deported. the answer is "yes" - if you are convicted or placed on probation or you admit to facts.

The second question is: Is it likely the matter will be dismissed. The answer is "no." 5th degree domestic assualt is treated as a very serious crime. Even if the girlfriend or spouse wants the matter dismissed the prosecution often will not do so. Real domestic abuse cases are underscored by recantations of alleged victims. Prosecutors view the recantation as an enforcement of the fact the abuse did in fact occur. the prosecutor may proceed even if the alleged victim refuses to testify.

The prosecutor may offer a lesser offense such as disorderly conduct. However, that too may result in deportation. You must fight the charge. If the alleged victim refuses to testify, you are likely to prevail at trial.

For a FREE consulatation, please call 952.831.5000

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Answered on 8/25/00, 12:09 am


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