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help needed - traveling to us with criminal record

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  • kazprincess
    kazprincess Posts: 394 Forumite
    Part of the Furniture Combo Breaker
    edited 14 March 2011 at 3:10PM
    To be honest, i think if we asked for a memorandum of conviction - it would probably be worse for us as they security guards lied on there statements to make out we did worse that what really happened. I do however have the solicter letter which sums up our case and lists the punishment (fine) in which we recieved from the judge. Shall i bring that?? That basically says that we do not accept what the security guards said happened, but we are pleading guilty to the assault charge as we do not want to take it to a crown court as we know what we did do was wrong, but if found guilty we could recieve a bigger punishment. Should i bring that do you think??

    What is a memorandum of conviction?? what would a typical one show? will it show what the sercuirty guards said and what we said?
    wins 2008: nada:angry:
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    To be honest, i think if we asked for a memorandum of conviction - it would probably be worse for us as they security guards lied on there statements to make out we did worse that what really happened. I do however have the solicter letter which sums up our case and lists the punishment (fine) in which we recieved from the judge. Shall i bring that?? That basically says that we do not accept what the security guards said happened, but we are pleading guilty to the assault charge as we do not want to take it to a crown court as we know what we did do was wrong, but if found guilty we could recieve a bigger punishment. Should i bring that do you think??

    What is a memorandum of conviction?? what would a typical one show? will it show what the sercuirty guards said and what we said?

    The embassy won't be interested in what your solicitor has to say.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • kazprincess
    kazprincess Posts: 394 Forumite
    Part of the Furniture Combo Breaker
    Ive just rung the court and i am getting one.
    wins 2008: nada:angry:
  • Murphy_The_Cat
    Murphy_The_Cat Posts: 20,968 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KAZP have you already bought the tickets for your flight, and if so, what timescale are you working on ?
  • kazprincess
    kazprincess Posts: 394 Forumite
    Part of the Furniture Combo Breaker
    We go in October.
    wins 2008: nada:angry:
  • Murphy_The_Cat
    Murphy_The_Cat Posts: 20,968 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    We go in October.

    looking on the plus side, at least you have plenty of time to sort things out - have you already got your tickets ?
  • kazprincess
    kazprincess Posts: 394 Forumite
    Part of the Furniture Combo Breaker
    Oh no. We have only paid a deposit. The total cost doesnt have to be paid until June so we are not paying any of it off until we are accepted for our Visa.

    I am really worrying now though. I think my boyfriend will be fine as all the security guards made up about him was that he swung a punch but missed (which he didnt even do at all) and he hit one of them in the face with his forearm (which he never did) but he accepted that he might of barged one of them with his shoulder in the struggle of them tackling him to the floor. Our solicter said that even shouting into somebodies face is assault so advised him just to accept the charge.
    But i am worried about me! The man who accused me of assault said that i kicked him four times to the face. I SWEAR i never did anything of the kind. But i accepted the charge of assault as when they grabbed me and pushed me over to the floor, i did kick out so i do think i may have caught him in the face? - but once and only once. Thats why i pleaded gulity - but not to what he accused me off. It says all this information on our solicter letters and court statements. But i am now worried with what the memorandum of conviction will state? Do they state what was accused of us or do they state our statements as well?
    If i knew any of this at the time, i would have paid ££££ to get them security guards done for lying and assaulting us!! I also have found a few local newpaper articals which show other people who have been attacked by them nightclub guards. They are all just bullies out to start trouble. Should i bring those with me do you think??
    Worse case, they could read though their witness statements as every security guard there contradicts one another. One said i kicked him in his back. One said i kicked him in the back of the head. One said i kicked him four times in the face. One of them said that i cut his nose but the police who turned up there said that the man who accused me had no visable injuries. The lies just go on and on. Its just a complete joke.
    wins 2008: nada:angry:
  • Murphy_The_Cat
    Murphy_The_Cat Posts: 20,968 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Oh no. We have only paid a deposit. The total cost doesnt have to be paid until June so we are not paying any of it off until we are accepted for our Visa.

    .

    kaz, could you avert all the additional cost, hassle, aggravation & worry and go to another more kaz & bf friendly country ?
  • And I seem to recall that you said that you planned to advise them to make the ESTA questions clearer. Not a good idea: the consuls have a great deal of discretion, and are likely to decline applications from anyone who seems at all 'lippy'.

    You recall incorrectly.

    The consuls have zero discretion as to whether its a CiMT. Its either a CiMT or its not. Its not a case of 'I like this guy, hey, heres a waiver for the murder'.
  • kazprincess
    kazprincess Posts: 394 Forumite
    Part of the Furniture Combo Breaker
    kaz, could you avert all the additional cost, hassle, aggravation & worry and go to another more kaz & bf friendly country ?

    To be honest - i am now thinking the exact same thing! Its just all our friends are going and theres about 20 of us in total - would be such a shame to miss it. It really gets me down thinking again about it all. It was horrible and the time and now even more horrible to think that them people would make up lies just to save their own backs - when they have marked our record for life and now we have to go through all this hassle and upset just so we can visit a country for 7days.

    They know they have all lied. Its in black and white. I hope they one day get their comeuppance.
    wins 2008: nada:angry:
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