What can happen if an illegal immigrant makes a police report? 9 Answers as of November 16, 2011

An illegal alien is hit in the head, police take statements, no medical is needed, no sign of injury is identified by police. The illegal immigrant gets statements from employer that they witnessed assault. He decides to go sign a complaint and take this to court. What are the possible outcomes since it is one person's word against another?

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Joseph Law Firm
Joseph Law Firm | Jeff Joseph
Generally, if the individual is a victim of the crime alone, and this case takes place in Colorado, the victim will not be reported to immigration authorities. More importantly, if the individual was a victim of a violent crime, he or she may qualify for a U visa. The U visa requires the victim to establish that he or she has been the victim of certain enumerated crimes, that he or she has cooperated or is cooperating with the investigation and prosecution of the crime, that he or she has suffered or is suffering physical pain or extreme mental harm as a result. The individual must obtain a certification from a designated law enforcement agency attesting to the facts above. If the U visa is granted, the victim will get an employment authorization card that is valid for 4 years and can apply for permanent residence after three years in U visa status.
Answer Applies to: Colorado
Replied: 11/16/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
The fact that this person is illegal does not make their word any less truthful than someone with status. The outcome could be either the person pleads guilty to a crime or is convicted of a crime or that the charges are dismissed or the person acquitted.
Answer Applies to: New York
Replied: 11/16/2011
The Law Office Kevin L.Dixler
The Law Office Kevin L.Dixler | Kevin Lawrence Dixler
An unlawful immigrant has the right to file a criminal complaint and act as the States witness. The lack of a hospital report is not the only issue. A person's immigration status has no impact unless a person lies about it. Most states, including Illinois, do not have their own set of immigration laws. The Federal Government is responsible, so a criminal witness is normally not arrested by the Federal Government in a state Court. You should be fine if you testify. Just make sure you come early to court. Also, get the name and telephone number of the prosecutors to keep up with the case.
Answer Applies to: Illinois
Replied: 11/15/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The only thing that can happen is the law. Don't take it from me; take it from the 14th Amendment to the US constitution: .nor shall any State deprive ANY PERSON of life, liberty, or property, without due process of law; nor deny to ANY PERSON within its jurisdiction the equal protection of the laws.
Answer Applies to: California
Replied: 11/15/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
The immigrant should feel safe to report an assault against him. Whenever an incident comes down to one person's word against another, the result is contingent upon who is seen as most credible by the trier of fact.
Answer Applies to: Georgia
Replied: 11/15/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
He is a witness like anyone else. Being illegal has nothing to do with the situation.
Answer Applies to: Texas
Replied: 11/15/2011
Law Offices of Ricky Malik | Ricky Malik
If that person was a victim of a crime, then s/he should report it. It will be up to the trier of fact (Judge or Jury) to decide how to weigh one person's word against another. Though it sounds like there are witnesses who have provided statements in addition to the word of the victim so I believe the victim may have more evidence than the perpetrator. Further, on a side note, depending on the severity of the crime, there may be the possibility of a U visa/petition for the undocumented victim.
Answer Applies to: Virginia
Replied: 11/15/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
In terms of a person's immigration status, the person may be able to obtain a U visa. I recommend talking with an immigration in your local area who works with U visas.
Answer Applies to: California
Replied: 11/15/2011
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