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RE: Hi

Given that you have to answer yes to the arrest question regardless of what you do with the record, I recommend that you just answer yes to the question regarding arrest and provide and explanation. Expungment is still an option but it will not change the outcome. So we can still pursue and expungment but I recommend she answer truthfully and provide and explanation. 


Quoting Michel Saoud <michelsaoud@yahoo.com>:



Haytham,
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I want to make sure thatÂshe will not get rejected so please advise on what to do in this case. Should we not take any action and just go with your advise by answering yes and providing an explanation? Should we pursue an expungment of the record knowing that we still have to answer yes for the arrest question? Should I get another record like you advised the first time and is there one based on fingerprints and see what's in the record or the one I have suffise? 
Â
Thanks

--- On Wed, 11/19/08, Haytham Faraj <haytham@puckettfaraj.com> wrote:

From: Haytham Faraj <haytham@puckettfaraj.com>
Subject: RE: Hi
To: michelsaoud@yahoo.com
Date: Wednesday, November 19, 2008, 11:53 AM
Ok. I understand. I think the best way to handle this is to answer truthfully if the question asks whether she has ever been arrested. Nothing prohibits her from providing an explanation, however. For example, she can say I was doing some shopping while on the phone at a department store, I inadvertently walked out of the store with an item completely mindless that it was still in my hand while my attention was focused on the telephone conversation. When the alarm rang, I stopped and waited for the store manager to arrive. I tried explaining to the store manager that I was on the phone and wasnât paying attention but he was unpersuaded. I continued to wait while the store contacted the police. I was briefly arrested for a petit larceny meaning the item had little value and released. The judge dismissed the charge after I offered an explanation of what occurred. 
Â
You can write whatever explanation that best expresses what happened but you should keep it brief and reasonable. 
Â
Let me know if I can help in some way.
Â



From: Michel Saoud [mailto:michelsaoud@yahoo.com]
Sent: Wednesday, November 19, 2008 11:22 AM
To: Haytham Faraj
Subject: RE: Hi
Â





Haytham,

Â
The Fairfax county police department document (adult criminal record check with notary) that I have shows that there was an arrest for Pt Larc-Other which is Petit Larceny as you know on 05/02/07 then it shows under Court data on 05/25/07 that it was D Dismissed. This was requested by the lawyer at the time. 

Â
I trust you blindly Haytham so I'm not worried at all because you are a true friend and this is why I asked your help. 

Â

Thank you buddy

Â

Michel



--- On Tue, 11/18/08, Haytham Faraj <farajh@gmail.com> wrote:

From: Haytham Faraj <farajh@gmail.com>
Subject: RE: Hi
To: michelsaoud@yahoo.com
Date: Tuesday, November 18, 2008, 4:28 PM


Michel,
The attorney-client privilege and confidence is sacred to the ethical lawyer. Lawyers get disbarred for violating that duty. More important than the professional duty, however, is that youâre my friend. You never have to worry about this. 
Â
If the charge was dismissed then the answer with respect to criminal conviction is âno.â If, however, the question asks whether she was ever arrested, then she would probably have to say âyesâ and then explain it because she was probably reported as having been arrested. 
Â
Let me do some research on the matter at Fairfax county and get back to you. If necessary we could try to get the record of arrest expunged. 
Â




From: Michel Saoud [mailto:michelsaoud@yahoo.com]
Sent: Tuesday, November 18, 2008 3:54 PM
To: Haytham Faraj
Subject: Hi
Â





Hi Haytham,

Â
I wanted to thank you for taking the time to explain about the issue that I discussed with you regarding Nancy . I really appreciate your help. 

Â
I have found out that I already have copies of some documents from the court that can help determine some of the things you were asking me about.
The case was dismissed and there was no conviction. And at the time we did a criminal history record name search request (which I am assuming that this is the one you wanted me to get from the records building in Fairfax ) which shows no criminal record (based on name search not fingerprint).
I did not find anything on the summons paper so I am not sure where the verdict or the rule should be stated or written. 

Â
The documents IÂhave are the summons, criminal history record name search and a letter from the lawyer explaining about how the final disposition of the case and how it should not affect the admissibility of Nancy to the US . 

Â
So let me know if you would like to view any of those documents and in what means should I send them to you.ÂShould IÂget a criminal check based on fingerprints or not and how to do that? What is our next step in determining what to answer on the DS156 form. 

Â
Needless to sayÂthat these details will remain between us as I would like to get your professionalÂopinion and servicesÂin this matter. 

Â
If we need to get your partner involved since he is licensed in Virginia please let me know. 

Â

I hope to hear from you soon.

Â

Take care

Michel

Â

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