[needHelpASAP]

My question involves criminal law for the state of: Illinois

I was in the US on an H1 visa and my wife has charged me with Domestic Battery. I had leave US before the case hearing as my Dad was severely ill and he eventually passed away this month. Though I was not present for the trial and I did intimate the court with a written letter explaining my situation before I left. However what I have heard now is that they issued an arrest warrant against me.

What I want to know is
1. What effect this will have if i have to travel back to US any time.
2. Will I be arrested at the port of entry ?
3. I was falsely charged for something which I did not do. But even If i am found guilty, what can be the penalty ?
4. I have my H1 visa expiring soon, so Is it a good idea to go for stamping or I should leave my dreams of going back there ?

Please reply to these queries and I will appreciate the help.
Thanks

[aardvarc]

Your wife didn't charge you with anything. Private citizens don't bring criminal charges, all they do is act as a witness to an incident. The DA's office is the one who is charging you with a crime.

When a court tells you to appear, they want YOU, not a note. Whetever the reason for non-appearance, you are now a fugitive - hence the issuing of a warrant for your arrest.

1. What effect this will have if i have to travel back to US any time.
2. Will I be arrested at the port of entry ?

Odds are pretty good for arrest on re-entry.

3. I was falsely charged for something which I did not do. But even If i am found guilty, what can be the penalty ?

It will depend on the exact charge. "Domestic violence" is a blanket term that can encompass many other things and there can be different degrees from misdemeanor to felony. Could result in anything from court-ordered anger management, domestic violence classes, drug testing, community service, or incarceration from a few days to a few years or any combination of those...again without knowing the exact statute you're being charged under we can't tell from here.

4. I have my H1 visa expiring soon, so Is it a good idea to go for stamping or I should leave my dreams of going back there ?

It's good to have dreams to return, but it's going to come at the cost that at least for a period of time you are going to be inconvenienced by having to appear in court, both for the failure to appear issue and for the original charges.

[needHelpASAP]

Thank you for your reply. I know very well what the reason of behind her acting this way. She wants to stay there and I did not want it.
So she planned this whole thing with her Dad so that she can now be there.
But do you think I should contact the DA's office and explain them ?

I don't know how to tackle this from Immigration point of view ? Should I notify the INS about this ? Secondly, though she charged me I was not found guilty right ? So is the arrest warrant because I could not appear ? Can I get it removed so that I can atleast enter US and then fight the case ?
Or should I just forget the whole episode ?

[needHelpASAP]

Thank you for your reply. I know very well what the reason of behind her acting this way. She wants to stay there and I did not want it.
So she planned this whole thing with her Dad so that she can now be there.
But do you think I should contact the DA's office and explain them ?

I don't know how to tackle this from Immigration point of view ? Should I notify the INS about this ? Secondly, though she charged me I was not found guilty right ? So is the arrest warrant because I could not appear ? Can I get it removed so that I can atleast enter US and then fight the case ?
Or should I just forget the whole episode ?

Hey Catherine thanks for the reply. Can you answer my questions below.

Thank you for your reply. I know very well what the reason of behind her acting this way. She wants to stay there and I did not want it.
So she planned this whole thing with her Dad so that she can now be there.
But do you think I should contact the DA's office and explain them ?

I don't know how to tackle this from Immigration point of view ? Should I notify the INS about this ? Secondly, though she charged me I was not found guilty right ? So is the arrest warrant because I could not appear ? Can I get it removed so that I can atleast enter US and then fight the case ?
Or should I just forget the whole episode ?

[wildbrad1488]

well when you come back they will get YOU and now that they have a bounty on you heh there are ppl out there for money to get you and bring you back.

if you call and explain they will not care what you say you are a fugitive.
when you got papers you should of gone or some cases called your public defender to tell the court you could not make it but your a no call no show now they want you no matter what.
Good luck!