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  1. #1

    Questions for our VERIFIED LAWYERS*~*~*NO DISCUSSIONS*~*~*

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  2. #2
    Join Date
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    Thanks Kimster!

    A question for the legal eagles. When you marry in North Carolina does spousal privilege carry over to the period before you married? I'm sure it doesn't but need to check. This is not in relation to AB and EB.

  3. #3
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    I have one. I'm not well versed on legal terms and procedures, so please try to overlook my ignorance on the subject. Here it is.

    What happens if there's nothing 'left' to prove the exact cause of death in this case?


    "I am only one; but still I am one. I cannot do everything; but I still can do something. I will not refuse to do the something I can do." ~Helen Keller~

    Sometimes a man can meet his destiny on the road he took to avoid it.

  4. #4
    I have another: If you were married in Australia (one US citizen and one Aussie citizen) and both move back to the US, is the marriage recognized in the US?

  5. #5
    Join Date
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    If the marrigage is legal how will the marrigage effect them in terms of their being co defendants?

    Ya know if Adam gets arrested.

  6. #6
    Join Date
    Dec 2005
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    Since EB has confessed to writing the ransom note, can AB/EB have more charges against them like vandalism of the car (Pouring gas into it)?

  7. #7
    Join Date
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    I can answer some of the questions but not all.

    Quote Originally Posted by darnudes View Post
    Thanks Kimster!

    A question for the legal eagles. When you marry in North Carolina does spousal privilege carry over to the period before you married? I'm sure it doesn't but need to check. This is not in relation to AB and EB.
    I think marital privilege means you cannot be compelled to testify against your spouse period. Regardless of the time period covered by the testimony.

    Quote Originally Posted by SherlockHomey View Post
    I have another: If you were married in Australia (one US citizen and one Aussie citizen) and both move back to the US, is the marriage recognized in the US?
    Yes.

    Quote Originally Posted by Soulmagent View Post
    If the marrigage is legal how will the marrigage effect them in terms of their being co defendants?

    Ya know if Adam gets arrested.
    It is a legal marriage, from what I understand. It just means that one spouse cannot be compelled to testify against the other. But I venture to guess that one will. In these cases, the big question I think is whether they will be tried separately or not. I believe they will be because I think one will sing, eventually, at least partially.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  8. #8
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    Quote Originally Posted by LaWanda View Post
    Since EB has confessed to writing the ransom note, can AB/EB have more charges against them like vandalism of the car (Pouring gas into it)?
    There may be other charges coming down the pike. But, I don't think there would be a charge for destroying ones' own property. If it was someone else's property, then there could be a charge. We need AZlawyer or Desquire. They are much more knowledgeable than me regarding criminal law.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  9. #9
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    What does the J and R mean in the domestic violence convicted flag in AB's record?

  10. #10
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    Quote Originally Posted by gitana1 View Post
    There may be other charges coming down the pike. But, I don't think there would be a charge for destroying ones' own property. If it was someone else's property, then there could be a charge. We need AZlawyer or Desquire. They are much more knowledgeable than me regarding criminal law.
    The vehicle doesn't belong to Adam, as he makes very clear it is owned by his boss and ties it into the whole mistaken identity resulting in his daughters kidnapping.

    IMO if they get to having to press arson charges rather than murder charges it would be a sign of huge desperation.


  11. #11
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    Quote Originally Posted by impatientredhead View Post
    The vehicle doesn't belong to Adam, as he makes very clear it is owned by his boss and ties it into the whole mistaken identity resulting in his daughters kidnapping.

    IMO if they get to having to press arson charges rather than murder charges it would be a sign of huge desperation.
    If it is not his car, then yes, there could be vandalism/arson charges. But I disagree that such would be a sign of desperation. I think filing less serious charges can be a useful tool used to pressure a suspect or at least to keep him or her in a location where they can be controlled somewhat, less able to flee or destroy evidence, etc.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  12. #12
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    I've got a question for any expert that can answer.

    Assuming that AB is not an American citizen, and Assuming he is arrested and convicted, will he be taken back to AU for his sentence or would prison time be served here in the US?

    Or, If he is not charged (and that's a big if) would he be deported, assuming he is not here legally?

    I think I may know the answers but thought it would be better to ask someone that actually knows.....

  13. #13
    Join Date
    Jul 2010
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    690
    Oops edited to add: I meant to quote luckygirl.

    I don't claim to be an expert but from my own experiences with immigration (I'm a permanent resident with a Green Card) I do know the answers to these questions and will answer if that's ok with the mods, if not, I apologise and please delete.

    This applies to any foreign citizen getting arrested for a crime while abroad, your embassy can help with advice and finding a lawyer etc but they cannot interfere with the legal process in a foreign country. LE of the country where the crime was committed have jurisdiction until such time as charges have been answered, the suspect is cleared or convicted and any sentence imposed has been served only then will immigration authorities take jurisdiction and proceed with deportation measures.

    As far as AB's immigration status is concerned, he is most definitely NOT an American citizen, he hasn't had time, he's only been here for 2 years and you have to hold a Green Card for 3 before you can apply for citizenship.

    If he did it legally, right now he may be a permanent resident with a conditional Green Card valid for 2 years. Within the ninety days before that GC expires AB and EB would have to apply jointly for the conditions to be lifted and a permanent GC issued. Basically they would have to prove they are still living together as man and wife and have been all along, have joint financial commitments - bank accounts, leases etc -, and have filed joint tax returns. Here's the stinger for AB though, even if he were still living as man and wife with EB and he could convince her to sign the joint application, he would also have to declare any arrests and/or convictions on the application, and they don't just take his word for it, the FBI does background checks. In his case, since he does have arrests and outstanding charges against him, that would almost certainly lead to him being denied a permanent Green Card and lead to his deportation.

    If he's here illegally, and he IS charged and convicted he will have to serve whatever sentence is imposed HERE before he can be deported. If he's NOT charged, I'm sure LE will inform ICE who will take steps to have him deported if he doesn't leave of his own accord.

  14. #14
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    Quote Originally Posted by NancyA View Post
    Oops edited to add: I meant to quote luckygirl.

    I don't claim to be an expert but from my own experiences with immigration (I'm a permanent resident with a Green Card) I do know the answers to these questions and will answer if that's ok with the mods, if not, I apologise and please delete.

    This applies to any foreign citizen getting arrested for a crime while abroad, your embassy can help with advice and finding a lawyer etc but they cannot interfere with the legal process in a foreign country. LE of the country where the crime was committed have jurisdiction until such time as charges have been answered, the suspect is cleared or convicted and any sentence imposed has been served only then will immigration authorities take jurisdiction and proceed with deportation measures.

    As far as AB's immigration status is concerned, he is most definitely NOT an American citizen, he hasn't had time, he's only been here for 2 years and you have to hold a Green Card for 3 before you can apply for citizenship.

    If he did it legally, right now he may be a permanent resident with a conditional Green Card valid for 2 years. Within the ninety days before that GC expires AB and EB would have to apply jointly for the conditions to be lifted and a permanent GC issued. Basically they would have to prove they are still living together as man and wife and have been all along, have joint financial commitments - bank accounts, leases etc -, and have filed joint tax returns. Here's the stinger for AB though, even if he were still living as man and wife with EB and he could convince her to sign the joint application, he would also have to declare any arrests and/or convictions on the application, and they don't just take his word for it, the FBI does background checks. In his case, since he does have arrests and outstanding charges against him, that would almost certainly lead to him being denied a permanent Green Card and lead to his deportation.

    If he's here illegally, and he IS charged and convicted he will have to serve whatever sentence is imposed HERE before he can be deported. If he's NOT charged, I'm sure LE will inform ICE who will take steps to have him deported if he doesn't leave of his own accord.
    Thank you so much for taking the time and knowledge to answer.

  15. #15
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    Quote Originally Posted by vjlaw View Post
    What does the J and R mean in the domestic violence convicted flag in AB's record?
    Agathawannabe made an excellent post regarding those fields

    [ame="http://www.websleuths.com/forums/showpost.php?p=5751985&postcount=407"]Websleuths Crime Sleuthing Community - View Single Post - NC - Zahra Clare Baker, 10, Hickory, 9 Oct. 2010 #36[/ame]

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