If it was an oral plea, you probably have to purchase a copy of the transcripts from the court reporter (may cost about a hundred).
If it was a written plea, the court will have a blank copy of the standard form used.
You can review the blank form, then he can ask that his file be checked to ensure that there is a signed (by him) copy in his file.
Thanks. So we appeared at the records office of the court. There is no plea on the record! Please allow me to elaborate the person's situation so that I can try to help him as much as possible.
[I am not an attorney, I am clergy and try to help as much as I can, the people of low income in my community - this gentleman is one of them]
He was married for about 5 years and separated about 6 years ago. After the separation [about 2 months], his spouse filed a petition for injunction for domestic violence. With low financial resources he retained an attorney who agreed to work for a fixed low cost. During the hearing, the judge explained she was there to listen to arguments from both sides and if a "consensus" was not reached, the petition would be taken to trial at a later time.
The spouse [plaintiff] appeared with her attorney and a witness? [a previous girlfriend] who according to the gentleman I represent, never witnessed the behavior of the marriage in question.
The attorney of the gentleman, recommended he would accept the injunction instead of going to trial and refute the accusations. He believes he pleaded no contest, but he is not sure. In view of what I discovered today myself I doubt there was a plea at all.
Nonetheless, as a result of this hearing, he was entered into a domestic violence program. He moved [migrant worker] and was at first unable to complete the program he was entered into. He was summoned to a hearing about the program's completion and due to his change of address did not appear in court and a bench warrant was issued due to FTA. He later completed the program.
When he applied for his citizenship, this arrest was within the 5 year statutory period. The immigration officer advised that because of the "domestic violence" issue his citizenship application would be denied.
A pro-bono immigration attorney reviewed his case [post INS interview] and advised that his case could be solved in the following fashion: the gentleman (PR) should submit to deportation proceedings to appeal before an INS judge that when the injunction was entered he was not advised of the the INS consequences this would have. We are not sure this attorney stated whether the appeal should be based on that the judge/court should have disclaimed this to the defendant or the defendant's attorney should have disclaimed this. What he did say is that because it was never disclaimed to the defendant, he had a case before a deportation judge and be able to obtain his citizenship in the manner I described.
Nonetheless, on his court file [domestic violence court], there is no plea. According to the clerk these cases do not carry a plea. In conclusion, what was the INS attorney making reference to? and on what basis then can this appeal be taken before a judge? is it on what the judge should have disclaimed or what the attorney should have disclaimed? in any event, how can he prove before a judge the lack of "disclaimer" in view of the fact that there is no plea in this case? Many thanks in advance.
evcalyptos said:
Why would it make a difference? It was the PR's responsibility to consider the immigration implications before making the plea.
Then, as NOW, the applicant should be consulting with an IMMIGRATION specialist attorney.
Maybe they can re-apply in 5 years, after satisfying the Good Moral Character clause.
I have heard other cases, (e.i. traffic, DUIs, etc) and the defendants are always advised by the judge of the INS implications of their plea if they are PRs - reason why what the INS attorney mentioned sounded plausible.
The statutory period ends february next year. He has not had any other legal "failures" since this event. In your experience do you foresee him being able to establish good moral character at that time? Thanks for your help.