Criminal law terminology?
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Criminal law terminology?
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my friend was recently caught shoplifting and has been given dates to be fingerprinted and to see the judge. this is her first offence and it seems like she will be offered the diversion program.
she's thinking of making a short day trip to the US. but all the terminologies seem so intertwined and vague at times. so here are a few questions:
- is it considered an "arrest" in her case?
- has she been "charged"? (without fingerprinting and court yet)
- does this mean she has a criminal record?
- what would show up on her records right now?
- what implications are tied to a "pending" charge/record?
- a conviction is when you are found guilty?
- should she cross the border?
- if asked at the border "have you been convicted/charged/arrested?"...what should she say?
she's been asking around, but lawyers are sounding kinda sketchy and vague. i guess they either don't know a lot about immigration/customs issues or they just want my friend to hire them.
many thanks.
so i guess she should answer the questions carefully? i mean, if the officer asks "have you been arrested?", her answer should be yes. but if they asked "have you been convicted?", then it would be no?
she's a canadian citizen
should she just bring her birth cert instead of her driver's licence? plus her citizenship card.
it's a petty charge. my friend is not fleeing while she's there with her family. her family had planned a short trip, and she's considering not going if it causes trouble. she doesn't want her family to know and get disappointed.
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DennistheMenace
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Whats to stop the border from thinking your fleeing the juristiction? |
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me
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..yes arrested
...doesnt sound like charged yet
...she will have record if charge if not it will show that she was being tried but charges were dropped.
..right now it would show pending.
....ummm implications depend on what you are re: to...but many implications can be made...you could not be hired for employment until it is resolved.
....yes convition = guilty might be able to negotiate for lesser charge.
...i would cross the border if something goes down over there could be more issues
....no coniction...no charge...yes arrested.
the sound vague cause there are alot of varin factor to consider |
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specail ed
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without seeing the case these answer are in general.
1. arrest. yes, but released on own recon / no bail.(R.O.R.)
2. charged. yes that is why the finger print.
3. record. no, not until she pleads out.
4. record now, "pending"
5. implication. new jobs, credit, loans may all be negative effected.
6. conviction. yes or pleads out which i would recommend.
7. border. NO. you can't as per R.O.R.
8. see 7 |
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Gary D
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An arrest: Yes, definitely.
Charged?: I would say yes, but some states differ in this definition.
Criminal record: It means there is now documentation of her arrest, but not of a conviction yet. It is a "record" of arrest only, at this time.
Records would show: Only the fact that an arrest has been made.
Implications of a "pending" charge: None, it just means the case has yet to be heard by a judge.
A conviction would be considered when you are found guilty or you enter a plea bargain for a lesser crime or you enter a plea of nolo contendre (No Contest).
Cross the border: I cannot tell for sure. Is she an American or a foreigner? That isn't clear here.
Asked at the border: She should tell the truth, but feel free to elaborate on the nature of the case to the customs agent...the fact that the case is still pending.
Nothing above should be construed as legal advice. Legal advice can only be given by an attorney and I am not an attorney. |
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Matt
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- is it considered an "arrest" in her case? Yes
- has she been "charged"? (without fingerprinting and court yet) Yes
- does this mean she has a criminal record? Yes
- what would show up on her records right now? An arrest and pending disposition
- what implications are tied to a "pending" charge/record? Other than the disposition is pending, nothing
- a conviction is when you are found guilty? Yes
- should she cross the border? Don't see why not
- if asked at the border "have you been convicted/charged/arrested?"..... should she say? Yes arrested and the disposition is still pending |
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