Author Archives: kiyanoush2003@gmail.com

Have problem finding a job because of your criminal background? Expungement may be your relief.

Tags :

Category : Criminal Law

“Have you ever been charged with/convicted of a crime?” Your answer can be “No” even if you really have been charged with a crime.

Expungement is the process of wiping some criminal cases off your records. It removes the records from public inspection but some agencies including USCIS are still able to see them. That is why you should verify the immigration consequences before expunging criminal cases, if you are not a U.S. citizen.

In Maryland, you can ask Motor Vehicle Administration, Police, courts to expunge your records. Once you successfully finish the expungement process, normal background searches cannot find the case and the case is removed from the Maryland Public Case Search (casesearch.courts.state.md.us/casesearch//inquiry-index.jsp).

To find out if a your criminal case is expungeable or not, you need to take 3 factors into consideration: 1) type of dispositions (verdicts) that you received, 2) the date you received the dispositions, and 3) what you were charged with (in some cases).

If you are found Guilty, usually your case is NOT expungeable. However there are two exceptions: when the crime was a nuisance crime (like urination or defecation in a public place), and if the crime is no longer a crime (like possession of marijuana under 10 grams).

Probation Before Judgment (PBJ) is generally expungeable. However, a PBJ for a DUI/DWI is not expungeable. You can not also expunge a PBJ if you are subsequently convicted of a crime within 3 years of your PBJ disposition, and that new crime is not itself expungeable.

Stet, Nolle Prosequi and Not Guilty/ Acquittal dispositions are all expungeable. If your case was dismissed or transferred to Juvenile Court, you can expunge it.

A pending criminal case prevents you from filing ANY expungement petitions. You need to wait for the final result in your pending criminal case, before filing for expungement of your previous expungeable cases.

Finally, you need to keep an eye on the Unit Rule before filing any petition to expunge. According to the Unit Rule, when two or more charges arise from a same act, if one charge in a case cannot be expunged, then the case as a whole cannot be expunged.

 

PBJ may not be always in your best interest.

Tags :

Category : Criminal Law , Immigration Law

Probation before Judgment (PBJ) is placing the defendant on probation before the judgment is entered.  That means the defendant has not been found guilty of the crime. It is expungeable (after successfully completing probation) and can save professional future of people who do not want to lie in their job applications.

PBJ may be an available option for most of those defendants who face criminal charges for the first time and believe that State has enough evidence against them. A first-time DUI or DWI offender (or someone who has not had a DUI/DWI conviction/PBJ within the last 10 years) can hope that the judge offer him a PBJ. Violation of the Maryland Controlled Dangerous Substances (CDS or Drug) laws for the first time can also result in a PBJ. Most the defendants who are charged with a felony or misdemeanor violation of Maryland law are also good candidates for PBJ. Even for those who have repeated an offense, PBJ may be available  if the defendant can show to the court that the defendant is amenable to treatment through probation before judgment.

Despite very interesting advantages that a PBJ may have for a defendant, some defendants should do their best to stay away from a PBJ. In fact, in some circumstances, a PBJ may have the same consequences of a conviction and therefore should not be easily accepted. Defendants who are not a United States Citizen as well as those who have a security clearance, or a CDL license should be very careful in giving up their appeal rights in exchange for a PBJ.

PBJ is considered as a conviction for the purposes of immigration. Therefore, immigration consequences of accepting a PBJ should be carefully determined by an immigration lawyer. Not all of the criminal convictions can prevent you from becoming a U.S. citizen but lots of them can. If you are not a U.S. citizen and offered by a PBJ, do not hesitate to contact an immigration attorney.

 

 

In love with an alien? Petition for a K-1 Fiancée Visa.

Tags :

Category : Immigration Law

Fiancée visa (classified as K-1) is a nonimmigrant visa classification for foreign nationals who intend to come to the United States in order to marry an American citizen and reside in thiscountry. The US citizen who wishes to marry the foreign national is called petitioner because he/she should file the Form I-129F Petition for Relative or Fiance with USCIS. The other fiancée is called beneficiary.

In order to be eligible for fiancée visa, both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States. As a general rule, the petitioner and beneficiary must have previously met in person within the past two years. However, the Attorney General can waive this requrequirement in exceptional circumstances.

Once USCIS approves I-129F, National Visa Center would be notified and  a consular officer will contact the beneficiary to schedule an interview with him/her. The approved  petition is valid for four months, but the Embassy can extend it if a fiance visa cannot be issued during that period and the intention to marry still exists. If the officer finds the fiancée to be eligible for K-1 fiance visa, a visa will be issued which is valid for one entry during a period of six months.

The petitioner and the beneficiary must marry within 90 days of admission into the United States. Following the marriage, the foreign national spouse must apply to the USCIS to establish a record of entry for permanent residence status. This PR status would be conditional for two years to make sure that the marriage is a bona fide one. After two years, the foreign national spouse may apply to the USCIS for removal of the conditional status and after 3 years of being a legal permanent resident  (LPR), he/she can apply to become a U.S. citizen. Divorce after the approval of conditional permanent resident status but before removal of the conditions can make some challenges for the fiancée and should be discussed in details with an immigration attorney.

If the beneficiary has unmarried, minor (under 21) children, they derive “K-2” nonimmigrant visa status from the parent but it is important that thr petitioner name the children in the petition. If the children accompany or follow the alien fiancé within one year from the date of issuance of the K-1 visa, a separate petition is not required but thereafter, a separate immigrant visa petitionthis (I-130) should be filed.

Marital Property in Maryland; definition and distribution.

Tags :

Category : Family Law

In Maryland law, marital property is defined as the property acquired by one or both of the parties during the marriage. It does not include property acquired before the marriage, property acquired by inheritance or as a gift from a third party; property excluded by valid agreement, such as a pre-nuptial agreement; and any property directly traceable to any of these sources.

Non-marital property can become marital property when the non-marital property is comingled with marital property.

Property jointly owned by husband and wife cannot be sold by one without the consent of the other.  The creditors of one spouse cannot have any claim to it, and only creditors of both parties may move against  a property which is jointly owned.

When either spouse dies, the survivor becomes the sole owner of the jointly owned property.

Many couples have joint bank accounts. Either spouse can withdraw funds from the jointly titled account. If one spouse liquidates an account, the other spouse can ask the court to determine whether the funds were used for a legitimate or illegitimate purpose, or if the funds were dissipated.

The parties may agree on the division of any property but if they cannot agree on the division, the court will devide the property according to the Marital Property Act.

Generally speaking, there are two systems for distribution of marital property in United States: “community property” and ” equitable distribution”. Maryland has an “equitable distribution” statute which means the court doese not necessarily divide the property equally between the spouses, as long as the division is fair.

The court can and should distribute any marital property but if a property is titled to one spouse, it cannot transfer ownership of that property to the other.  In these instances, the court grants a monetary award to one spouse to adjust the rights and equities of the parties.

When deciding how to divide the property and whether to make a monetary award, the court considers a number of factors including: what each spouse contributed; both financially and otherwise, to the well-being of the family; the economic circumstances of each spousehow long the marriage lasted, the age, health, and physical and mental condition of each spouse; how and when specific assets were acquired; whether either spouse contributed separate property to property the couple owns as tenants by the entirety; whether either spouse has been awarded alimony and/or possession of the family home; whether either spouse committed marital misconduct that contributed to the divorce; and such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

There is a difference between the concept of “marital property” and “family use personal property”.  Family use personal property can include the family home, car, furniture, appliances, etc.  The court can award exclusive use and possession of the family home and other family use property to the spouse with custody of the minor child or children for up to three years from the date of the divorce decree. The use and possession award can include an order to pay expenses. The court has the authority to allocate financial responsibilities for property that is the subject of a use and possession award.

 

« Previous Page

Archives

Disclaimer
No attorney-client relationship is created by use of this website. No legal advice is intended from the information provided in this website. All the materials in this website are for informational purposes only and are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Join our Telegram Channel telegram.me/attorneykrazaghi