Criminal Charges After a Domestic Dispute

Sigh. Let me try again.

Your wife apparently is not a US citizen.

If she is convicted, the odds are that her residency will be revoked. She will be in removal proceedings; she may or may not be placed in facility, but if they think there is a risk of her disappearing, she's not coming back to you any time soon.

If she is convicted AND she is not a legal resident AND she has overstayed her visa..well, the odds of all of this happening rise exponentially.

Is that any clearer?

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Quoting Usmc

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I also can plead the fifth and refuse to testify

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Nope. What crime did you commit that you would be confessing to if you testified? But, don't worry, the DA might be happy to grant you immunity so you can feel free to testify.

Sorry, but you don't have a right to avoid testifying as a witness under subpoena. In fact, you can be held in contempt if you refuse. And, at least when I was down south, the DA charged those crimes ... and, you can probably kiss your USMC career goodbye if you do.

Is there any possibility she will stay here and she will be back home with me

Unlikely under the circumstances. Hire her a good lawyer and watch the fallout. You are only required to tell the truth. You are not required to make it an emotional event. Spousal Privilage does not apply:
http://www.leginfo.ca.gov/cgi-bin/di...0&file=970-973

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Quoting Usmc

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Is there any possibility she will stay here and she will be back home with me

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Quoting Usmc

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Is there any possibility she will stay here and she will be back home with me

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Okay, good - now you're starting to understand the severity of the situation.

We're not saying this to scare you. It's just that you need to know the reality.

Back to your wife....

Read this:

http://www.nolo.com/legal-encycloped...eportable.html
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It's not 100% guaranteed that she'd be removed. But the chances are higher than high.

I really am just scared obviously I married her cuz I love her I am gonna get a lawyer and talk to the da today to see if she an at least stay here

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Quoting Usmc

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I really am just scared obviously I married her cuz I love her I am gonna get a lawyer and talk to the da today to see if she an at least stay here

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The DA has about zero say as to her immigration status. All the DA can do is decide on what criminal charges to bring.

Because in South America which is where she is from transgender people run the risk of getting killed and she is a good person she just messed she has a history of depression and I am currently in mental health and this is making my mental state a lot worse

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I get it but if I explain that this is a first time occur acne and she is not like this it's due to her transgender identity and depression maybe he will charge her as lieniently as possible

You really need to read this, too:

http://immigrationequality.org/issue...sed-petitions/

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Quoting Usmc

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Because in South America which is where she is from transgender people run the risk of getting killed and she is a good person she just messed she has a history of depression and I am currently in mental health and this is making my mental state a lot worse

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I get it but if I explain that this is a first time occur acne and she is not like this it's due to her transgender identity and depression maybe he will charge her as lieniently as possible

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Is she also on hormones? That has quite an effect on emotional stability, for someone also going through a depression, that is a hard thing to add onto it. What doctor is prescribing her hormones, you should talk to them about the effects, maybe if you had a better idea of what caused the outburst, you could talk to a lawyer and explain more of the specifics. She should be seeing a shrink.