We were arrested by police and finger print. We were given a bail on same day for $ 25 each and taking cash as surety of $100 for bail.We appeared in the court with our criminal lawyer , we were charged for "over $250 larceny "but court gave us sentence of "sufficient facts found but continued without guilty finding untill 12/19/02" and told to complete a shoplifting program.
The charge over 250 larcney in MA, is Level 3 with Criminal Catergory A Minor/No record and maximum sentence of 12 months.
Please check link : http://www.state.ma.us/courts/formsandguidelines/sentencing/grid.html
Examples of final dispositions not considered to be convictions include: Dismissed; Continued Without a Finding; Filed (absent a finding of guilt); and Not Guilty
Please check link :
http://www.state.ma.us/courts/formsandguidelines/sentencing/step2.html
According to MA laws CWOF sentence is not conviction but for immigration purpose its a conviction
Now if we proceed for GC applications considering are crime of moral turptiude and come on exception
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
As I was sentence for probation for 10 months, but I don't know what would be the maximum sentence for this crime (c. 266 s. 30A (1)s )do you know how to confirm that ?
http://www.state.ma.us/courts/formsandguidelines/sentencing/attachmentb.htm#t
Any advice would help
The charge over 250 larcney in MA, is Level 3 with Criminal Catergory A Minor/No record and maximum sentence of 12 months.
Please check link : http://www.state.ma.us/courts/formsandguidelines/sentencing/grid.html
Examples of final dispositions not considered to be convictions include: Dismissed; Continued Without a Finding; Filed (absent a finding of guilt); and Not Guilty
Please check link :
http://www.state.ma.us/courts/formsandguidelines/sentencing/step2.html
According to MA laws CWOF sentence is not conviction but for immigration purpose its a conviction
Now if we proceed for GC applications considering are crime of moral turptiude and come on exception
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
As I was sentence for probation for 10 months, but I don't know what would be the maximum sentence for this crime (c. 266 s. 30A (1)s )do you know how to confirm that ?
http://www.state.ma.us/courts/formsandguidelines/sentencing/attachmentb.htm#t
Any advice would help