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来源: 863211 2017-11-17 12:52:34 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (4237 bytes)
回答: 请教8老师关于入籍 N-400 表格问题 22-26cdv20192017-11-16 10:18:56

我住在康州,要申请入籍,现在准备填表。发现 N-400 Part 12部分问题22-26(criminal)需要您的帮助。 去年秋天我在KOHLS store有过不太好的经历,被店里的保安认为shoplifting,当时叫来了警察。警察没有给我上手拷,没有按指纹,没有照相,好像说了我这回不arrest你,你要到court。给了我一张Larceny 的ticket。我找了律师,律师和prosecutor 商议后, 让我在庭审前做了30个小时的community service,两个月后到法庭上,我交了30 小时 community service证明 和 $100 donation,我只回答了一两句,就结束了。律师告诉我,“the prosecutor dropped the case and there would not be any criminal record or any criminal conviction。”

下面是我感到不好回答的地方,还请多多帮忙,谢谢了!

"If any of Item Numbers 22.-28. apply to you, you must answer "YES" even if you records have been sealed, expunged, or otherwise cleared. You must disclose this information even if someone, including a judge, law enforcement officer, or attorney, told you that it no longer constitutes a record or told you that you do not have to disclose the information."

我的问题:my case was dropped by the prosecutor, 是不是我应该从来就没有record了, 也就不存在 "sealed, expunged, or otherwise cleared"的说法了?

22. Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?

My answer:  NO

我的问题:because my case was dropped by the prosecutor, so I have not committed a crime or offense, 对吗? 
-I think so.

23. Have you EVER been arrested, cited, detained by any law enforcement officer (including immigration official or any official of the US armed forces) for any reason? 

My answer: NO
-I think you should say "Yes" because you were cited. Even if you got a traffic ticket, you should say "Yes".

我的问题:去年秋天我在KOHLS store时,警察没有给我上手拷,没有按指纹,没有照相, 这个算是arrest吗?今天我问了我当时的律师, 他说“ That being said, under Connecticut law and statute you are allowed to say you have never been arrested. That is a legal fiction.  And, you are dealing with federal law which is different from Connecticut. ”

24. Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense?

My answer: NO

我的问题:because my case was dropped, so I have not been charged with a crime or offense, 对吗? 
-You have been charged because you were required to show on the court. So you should say "Yes"

25. Have you EVER been convicted of a crime or offense?

My answer: NO

我的问题:because my case was dropped, so I have not been convicted of a crime or offense, 对吗? -Correct.

26. Have you EVER been placed in an alternative sentencing or a rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

My answer: NO

我的问题:我的 30 hours of community service is not an alternative sentencing or a rehabilitative program, 对吗? 
-You should say "Yes" because you were required to do the unpaid community service, which is one type of the alternative sentencing.
Read this:
http://criminal.findlaw.com/criminal-procedure/alternative-sentences.html

再次感谢您的帮忙!

 

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