Legal Question in Criminal Law in California

Re: usa misdemeanour - applicability in india

Your friend has violated the terms of his probation. A warrant for his arrest will be issued by the court. It is unlikely that anyone will take the necessary action to attempt to have him extradited from India. However, if he is found in California by a law enforcement officer he will be arrested on that warrant.

He may wish to hire an attorney to petition the court for a modification of the terms of his probation. That is to remove the requirement for attendance at the last 16 dv classes.

Re: usa misdemeanour - applicability in india

I will need more information to provide a very useful response. Please write back and explain what is relevant about your friend's job being lost. Where did he have the job? In U.S. or in India? What situation in India could arise that would require protection? However, at issue with the D.V. conviction in the U.S. is whether the person convicted will be eligible for citizenship. Drug convictions and violence against another person convictions are two of the top reasons that immigrants are denied citizenship status and deported. Whether the conviction is transferable to India is entirely dependent on the laws of India. The U.S. cannot enforce the conviction outside of U.S. territory. If he returns to the U.S., he will be required to complete whatever terms of probation were imposed as his sentence. Failure to do so will result in a probation violation and possible additional penalties.

Re: usa misdemeanour - applicability in india

The US laws have no applicability in India if he is an Indian citizen.