You are being charged with a crime. Your priority now is following, most importantly (1) avoid jail time; (2) avoid conviction (by plea bargin); (3) avoid deportation; (by chosing voluntary departure). The most likely outcome for you is probably avoid jail time, can't be sure about others.
1. The case could be dismissed for lack of witness if your hu*****and decided not to testify, but anyone talk to him about not testifying, would be committing "tampering with witness", another serious felony. He has to decide not testifying himself. However, if you already admitted to police about this incidence, or they have medical report. They might not even need your hu*****and's testimony. So your hu*****and not testifying might make it easier for you, but no guarantee for case dismissal.
2. If the case is moving forward, you could plea guilty or no contest without going to trial, in exchange of no jail time, such as 6 month probation. This option is attractive to most US citizen, but in your case, plea guilty equals conviction, and (2.1) ICE might deport you.
3. If you decide to go to trial, you might be found not guilty (then all your problem ends).
If you were found guilty, you might be sentenced to jail time or probation. Regardless you serve jail time or not, (3.1) that is conviction and you might be deported.
4. Instead of being deported (going through a lengthy process), you might ask ICE for voluntary departure. Just go home, that will reduce the impact of the deportation on your future US visits. Be sure to consult an immigration attorney.
You need to talk to a criminal defense lawyer about 2, 3, and an immigration lawyer about issue 2.1, 3.1, 4. Public defender are not reliable due to their heavy case load. But maybe that's your only choice.
1. The case could be dismissed for lack of witness if your hu*****and decided not to testify, but anyone talk to him about not testifying, would be committing "tampering with witness", another serious felony. He has to decide not testifying himself. However, if you already admitted to police about this incidence, or they have medical report. They might not even need your hu*****and's testimony. So your hu*****and not testifying might make it easier for you, but no guarantee for case dismissal.
2. If the case is moving forward, you could plea guilty or no contest without going to trial, in exchange of no jail time, such as 6 month probation. This option is attractive to most US citizen, but in your case, plea guilty equals conviction, and (2.1) ICE might deport you.
3. If you decide to go to trial, you might be found not guilty (then all your problem ends).
If you were found guilty, you might be sentenced to jail time or probation. Regardless you serve jail time or not, (3.1) that is conviction and you might be deported.
4. Instead of being deported (going through a lengthy process), you might ask ICE for voluntary departure. Just go home, that will reduce the impact of the deportation on your future US visits. Be sure to consult an immigration attorney.
You need to talk to a criminal defense lawyer about 2, 3, and an immigration lawyer about issue 2.1, 3.1, 4. Public defender are not reliable due to their heavy case load. But maybe that's your only choice.
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