Assault Charge and America

[WEJPUNTER]

Hello,

I recently got arrested on suspicion of common assault (section 39) and criminal damage.

I actually got beaten up but he said he acted in self defence yet im the one with two black eyes and he has a tiny scratch under his eye.

I have been bailed, rebailed, bailed rebailed for the last two months and its driving me insane. I have a witness yet it looks like im getting charged.

Question 1)

I have no previous convictions so if the court were to believe this guy, what sentence would i be looking at?

Question 2)

I have a holiday booked to go to las vegas in 5 weeks which i have saved up for ages and ive been told that i have to get a visa through the embassy even though i havent been convicted of anything yet?

Help!

I am really worried and any answers would be very much appreciated.

[paraffin]

If you Google "Common Assault" it'll tell you all about it.

[dzug]

Neither common assault (normally) nor criminal damage (where no intent is involved) is moral turpitude, therefore you can safely and truthfully tick the no box on the form.

If your crimes were moral turpitude then whether you have been convicted or not would be irrelevant - merely being arrested is enough to bar you from the visa waiver scheme.

[ojread2]

Use the online ESTA not the EMbassy - AKAIK that can take months not weeks - and you haven't been convicted so even if it was moral turpitude you can still safely tick no

[WEJPUNTER]

Sorry, if i sound stupid here but which form are we talking about? the green visa form when your on the plane?

[dzug]

Unfortunately the ESTA form (which is an online version of the green waiver form) DOES ask about arrests as well as convictions.

If your crime IS moral turpitude (and I don't think it is) you will not get a visa, not in time anyway. The least they will do is defer a decision until you have either been acquitted or convicted. If you are convicted you will be refused a visa.

[dzug]

Unfortunately the ESTA form (which is an online version of the green waiver form) DOES ask about arrests as well as convictions.

If your crime IS moral turpitude (and I don't think it is) you will not get a visa, not in time anyway. The least they will do is defer a decision until you have either been acquitted or convicted. If you are convicted you will be refused a visa.

The full wording is:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

[dzug]

oops - not sure how the double post happened

[WEJPUNTER]

Dzug,

Appreciate your reply there.

How can i get it confirmed that my crime isnt of moral turpitude?

Also once i complete this form online, how long does it take to get confirmation of a visa?

Also someone mentioned I may need to arrange an interview with the embassy?

Once again, many thanks for your help

[dzug]

http://en.wikipedia.org/wiki/Moral_turpitude whist not official has a very good description.


The 'official' answer is that you ask the US Embassy - by applying for a visa. If you get it with no problems then you didn't actually need it.

The ESTA response is normally instantaneous, but can take up to 72 hours

[WEJPUNTER]

Thank you very much

[dzug]

If you do apply for a visa you will be required to attend an interview - the waiting list for appointments can be long - currently nearly 6 weeks for London.

[rubbishname]

Finding out whether a crime is one of moral turpitude is a sticky topic, as the goal posts are constantly moving with new cases appearing in the states.
Best bet is to look at the district of columbia codes - as this is what foreign convictions are compared against, and see what fits for what you have been charged with.
Relate that to previous examples of crimes involving morale turpitude. Examples can be found www.state.gov/documents/organization/86942.pdf
Take all your documents with you when you go, including PNC record, and district of columbia code.
As I take it you were finderprinted, your details are now on the PNC and subdequently on the NCIC, which links the US-VISIT, so the US will know.
If you are found not guilty, and this is the only time you have been arrested, immediately write to the chief constable and ask for your details to be removed from the PNC. You are legally entitled to do this - Google "removing records from pnc" for more information. Chief Constables WILL fight this request, but the law is on your side.

[rubbishname]

Follow up -

This post :-


"ojread2
Wed 01/04/09
10:18

Use the online ESTA not the EMbassy - AKAIK that can take months not weeks - and you haven't been convicted so even if it was moral turpitude you can still safely tick no "

Is complete ********. ESTA does not check against criminal arrests/convictions, its not what it was designed for. It checks against no-fly lists, wanted lists, previous visa offenses etc.
ESTA is a pre-screen. CBP have the final say and the info on police records. So if you are asked by CBP if you have ever been arrested, and you lie, you will be refused entry.

No doubt some idiot will be on here soon saying USA don't have access to UK convictions due to EU privacy laws, this again is B/S and is just lack of knowledge on there behalf.

[WEJPUNTER]

Rubbishname - many thanks for that.

So what do you suggest i do? do an esta online and just go?

If they do stop me there, i risk getting sent home. Its my mums 50th and ive paid for the whole lot

[WEJPUNTER]

I have just spoken to the us embassy in london. They insist that the fact ive been arrested i have to get a visa. irrelevant if ive been charged or convicted i need to apply via an interview.

when i asked her about crimes involving moral turpitude she was obviously caught out and didnt know how to answer and she replied, all i know is if u been arrested u need apply for a visa.

this is all so confusing