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Need some informed advice and opinion. Pls help.

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  • 11-27-2006, 10:48 PM
    constp8ed
    Need some informed advice and opinion. Pls help.
    Hi.

    I've put myself in a pretty sticky situation.Need ur opinions.

    Let me explain in pt form

    1. pending charges : KSA 21-3412a and KSA 21-4502 (1)(b)
    2. i called the police for help: my husband locked the door and threatened to leave me on the streets while he wanted to drive off. i had no house keys, shoes...or anything with me at that time.what was i suppose to do? so i got the neighbour to call the police (nvr again will i do that)
    3. there was verbal and physical abuse on both sides
    4. when the police came he told his side of the story (which obviously was biased) and i thought i wanted to save us both and kept the story short and simple without any incriminating details which cld get any of us arrested
    5. it soon became apparent the police was nt there to act as a mediator but they were there to make an arrest
    6. they saw some scratches on my husband's hands and took pictures of it (those scratches probabaly occured when i was resisting him when he lifted me violently to put me on the floor the first time and second time when he literally pick me up and threw me out of the house)
    7. oth than that he had no oth injuries
    8. police nvr asked if i was injured
    9. i said yes to slapping him when the police asked ...becos apparently that s what my husband told me
    10. i was arrested and made to stay in jail over night and have my court date pending
    11.i left information as to what exactly we were arguing abt and how he choked me and suffocated me with his hand. i did say he carried me and that there was pushing and shoving. i was thinking of him when i did that. and i was thinking of how stupid and complicated it wld be if we both got arrested.
    12. i noticed a few bruises later that night, which the police failed to document

    So the thing is:

    a. is assuming that i have the option of diversion or a pleading to a lesser charge. i am currently on a valid visa in the us and have just saved enough to get my paper work done to get my work authorization and permanent residency status processed. i have not submitted the paperwork yet as we have just only completed compiling the necessary documents. with diversion, i wld have a record for at least a year before the case can be dismissed and pleading to a lesser charge still leaves me guilty and with a criminal record. that cannot work becos then i wld have trouble with my paper work and getting a job

    b. if i continue to plead not plead guilty, they will set another court date and risk overstaying in the usa and if i just submit my paper work incomplete just for the sake of having evidence that i did make the effort to submit paperwork prior to the expiry of my visa. what wld the consequences be with INS and the whole law enforcement and judiciary system?

    Ok i know i m pretty long winded. But i guess i just have a lot going on in my head. I ve nvr had a police record in my life. This is devastating. I came here 2 mths ago giving up a better quality of life to be here with my husband. I gave up my career, independence, family and friends. Now i have no job, no money, no family and friends, no freaking insurance...nothing. I actually feel victimised. Trying to cope with being stuck at home most of the time, loneliness, boredom, the whole adjusting to a new place and being married, my husband's addiction with porn...and recently his accumulating debt has come to light.

    I dunno. Sometimes i just feel like getting up and leave and salvaging what ever i left back home.But at the same time marriage is a commitment and u have to work at it, till u cant work at it anymore. I ve only been married for 6 mths. Too early to put up the white flag.

    So the thing is what do i do with this problem?
    1. skip court and save myself and return to that little dot that i came from
    2. accept diversion
    3. go to trial and plead not guilty and risk overstaying in usa
    4. accept a lesser charge
    5. tell the police/judge/ prosecutor/my attorney the whole story and risk the possibility of having my husband incriminated

    Things ive learnt
    1. never trust the state of kansas police
    2. nvr call the police if u need help
    3. this is what happens when a person had a moment of weakness and said yes to a man and marries him

    My thoughts and opinions:
    1. it defies all logic that anyone can believe that a man who is exactly twice my weight (all 120 pounds of it) and 1 foot taller than me, stood there while he let me beat him
    2. unless there is visible injury (something more serious than scratch marks on a man's arms which usually really shows that they are defensive wounds left behind by the victim on the aggresor) on the oth party or the so called victim is visibly shaken...there is no reason for the police to make an arrest. what happened to mediation? what happened to stern warnings?
    3. dont quarreling married couples have more than enough issues to deal with? do law enforcers really think that making couples who have isolated arguements which escalated and went a little out of hand really need to go thru the entire process...does that help the problem or add on to their problems?
    4. have the authorities gotten so eager to crack down on domestic battery that they might have taken it a little too far and lost sight of the whole objective of cracking down on domestic violence...that is to save lives and marriages and families?
    5. what happened to common sense?
    6. do we only call the police if we want someone arrested? i thought the police is suppose to be there to keep u safe and secure and help ppl. what happened?
    7. when 3 white male police officers come to chk on a possible domestic violence case...cld it be that testosterone levels were high and that the rights and needs of a white american male citizen came above the rights and needs of a female foreigner?

    Lastly i apologise for the long post.
  • 11-28-2006, 05:31 AM
    aaron
    Re: Need some informed advice and opinion. Pls help.
    How about sharing the short version?
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