Green Card and misdemeanor charges

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nemo2010

New Member
Hi
I am very new to this forum..my wife and i got green card like a month ago..now she is charged for shoplifting of about $1000 and possession of criminal instrument..its in TX..i know its a stupid mistake..and that wont happen again ...the court date is next month. I know its class A misdemeanor and this is first time..I already talked to a lawyer..but still want to discuss with the forum here caz we are so scared and cant sleep...anybody has any similar experiences? pls share..what are the consequences and we just dont want to loose green card and get deported..pls pls share some views...god bless you all
 
The punishment will depend on the classification of the "criminal instrument". The punishment will be determinative of the clasification for immigration purposes. It is a CIMT but the puniishment will be crucial to determine if it is a deportable offense or not. Discuss with competent lawyer.

Penalties for Theft

Amount
Classification
Penalties

Less than $50, or less than $20 if by check
Class C misdemeanor
A fine of not more than $500

$50 or more but less than $500, or $20 or more but less than $500 if by check
Class B misdemeanor
Not more than 180 days in a county jail and/or a fine of not more than $2,000

$500 or more but less than $1,500
Class A misdemeanor
Not more than 1 year in a county jail and/or a fine of not more than $4,000

§ 16.01. UNLAWFUL USE OF CRIMINAL INSTRUMENT. (a) A
person commits an offense if:
(1) he possesses a criminal instrument with intent to
use it in the commission of an offense; or
(2) with knowledge of its character and with intent to
use or aid or permit another to use in the commission of an offense,
he manufactures, adapts, sells, installs, or sets up a criminal
instrument.
(b) For the purpose of this section, "criminal instrument"
means anything, the possession, manufacture, or sale of which is
not otherwise an offense, that is specially designed, made, or
adapted for use in the commission of an offense.
(c) An offense under Subsection (a)(1) is one category lower
than the offense intended. An offense under Subsection (a)(2) is a
state jail felony.
 
thank you for the quick response..regarding to the possession of criminal instrument, they found a scissor in her purse. and i believe they charged her with two things...1) shoplifting/theft of around $1000 and 2) possession of criminal instrument..even though i already talked to lawyer, we are scared so much..pls suggest me what would be the possible best and worst consequences? thank you so much..god bless you..
 
INA 237 GENERAL CLASSES OF DEPORTABLE ALIENS [8 U.S.C. 1227]

(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(2) Criminal offenses.-

(A) General crimes.-

(i) Crimes of moral turpitude.-Any alien who-

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j) after the date of admission, and

(II) is convicted of a crime for which a sentence of one year or longer may be imposed.

is deportable


(ii) Multiple criminal convictions.-Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
 
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