중앙일보 홈
쟌 오 님 답변
[법률상담]
답변일
3/2/2010 9:25:15 PM
I believe you are misinformed on many issues. First, the crimes you are charged with are serious crimes. Unlike what you think or for that matter what most people think, what you are accused of being, is a serious matter in the US, especially in California. Even if all you may have done is graze your wife's hair, it is still considered a serious matter here. I, as an attorney don't agree with the law and think it is unfair to a man and too harsh of a punishment. However, the law is what it is and you have to deal with it. Second, you had better not contact your wife or cause a third person to contact her. As I understand it, there is a restraining order against you, as such, it is a criminal violation to contact her for whatever reason. You had better be careful. Third, what the public defender told you doesn't make any sense. Either he told you incorrectly or your misunderstood. There is no such thing as a 11 months probation. In cases like yours, the minimum probation is usually 36 months. Fourth, you already did too much jail time. There usually isn't any long jail time in cases like yours. Fifth, in domestic violation case, you have to usually serve 12 months of domestic violation classes as a term of probation. As such, you are missing something. Sixth, there is no such thing as being deported due to 11 months probation. Domestic violation cases like yours is a deportable crime. That doesn't mean the INS tracks you down and deports you. However, you could get deported if you apply for citizenship or somehow get in contact with INS. You could also get deportation proceeding against you if you travel outside US and try to re-enter. Many years ago, anyone who went to jail more than 1 year were deported and other weren't. That has changed and anyone in jail can be deported if illegal alien. Finally, there are ways to fight cases like yours. I am not sure whether you have a defense or not, however, it is probably the best thing to hire a private attorney. Of course, private attorneys cost money. Normally, attorneys in cases like yours will charge a minimum of $5,000 and as high as $20,000 if matter goes to actual trial.
