shoplifting chanrges.. please help!!!

mvg_12345

Registered Users (C)
I do not what crazy thoughts were in mind, but I did a bad thing of shoplifting, first time, and was caught; I was taken to the police, finger printed, and summoned for next month; I was convicted, but not charged? this is my first offense of any kind. I am permanent resident, and am planning to apply for citizenship.
My gravest concern is, that I plan to go to India in 2 weeks, and will be back after a month. and Iwas given a court date during this period; I will have to go see the judge and have a date changed. Will I have issues coming back during immigration? If I can get the date changed, to some day after I come back, then, will immigration at port of entry need some kind of documentation to state the same, and that I am yet to have see the judge?
My family is out of the country right now. I do not know what to do..
Or should I all together cancel my trip?
I know, I did a big silly mistake, not knowing the implication, and it became detrimental.

Please, please help me and advise me...

thanks
 

TheChosenJuan

Registered Users (C)
I know, I did a big silly mistake, not knowing the implication, and it became detrimental.
How do you mistakenly steal something??

Can you even leave your state legally with charges pending? You should check with the prosecutor. You may not even be able to leave the state much less the country.

You will probably get deported.
 

bobcat123

New Member
Do you even know what you are talking ?

You sound very confident about deporting ? are you lawyer or something ?

I suggest that should contact a local criminal attorney, preferably someone in the county the charges filed. I would also contact immigration attorney for more advice.

Different states have different law and also depends on how the charges will be filed which is based on the amount.

Time to seek professional help.
 

kclee60

Registered Users (C)
Hi MVG,

My suggestion to you is :
a) get an attorney to represent you; and
b) delay your trip back to India.

My wife did what you did when she was in high school. She got a lawyer to represent her and eventually paid a fine for "misdeamour" but not after finger printing.

Since then when we applied for joint 140/485, this issue re-surfaced but we obtained a police report from the local sheriff office and also from DA office that she has no criminal record.

Hope it helps and good luck to you.
 

mvg_12345

Registered Users (C)
Thanks for your posts. I have hired a criminal lawyer, and consulted an immigration lawyer. I do not know what the outcome will be, but I am hoping for the best. Immigration lawyer, was not sure if it will be OK to leave the country, but then there's a risk, which he suggested I should not take. I am talking to a local immigration lawyer, and see what is best way to proceed.
This is my first offense, and I know will be the last.

Ken, when you said, "misdemeanour", does that entail a conviction or criminal record? do you mind, if I ask you what state, this was in? and in what amount?

I am gathering any information, that can help me?
 

kclee60

Registered Users (C)
MVG,

My wife incident happened when I was still dating her. It was in Maine where she attend summer music camp about 10 years ago. The charges in the police report stated "misdeameanor". Her lawyer paid a $100 fine. This was before we got married and before we filed for GC. Best bet for you is resolve this before you leave for India. Also once you plead guilty and paid the fine, make sure you get a police report and also get your DA office to issue a letter stating you have no history of criminal record. These documents are needed when you appear for your interview or if you get a RFE, you have these ready.

Good luck.
 

mvg_12345

Registered Users (C)
I was wondering, if ever any one was deported on these kind of cases, if first offense? Or if any body was denied a job, in such circumstances?

Can any of the senior members answer this please?
 

Jim Mills

Registered Users (C)
mvg_12345 said:
I was wondering, if ever any one was deported on these kind of cases, if first offense? Or if any body was denied a job, in such circumstances?

Can any of the senior members answer this please?

Everyone else's experience with this is really irrelevant. Every case is different and the precise charges can make a huge difference. Shoplifting IS a crime involving moral turpitude (CIMT). Two CIMTs are fatal and can lead to deportation. One CIMT is also fatal if it does not fall under the "petty crimes exception", meaning that the actual sentence is less than six months in jail and the maximum possible sentence is less than one year. This gets very tricky very quickly and you need an experienced immigration attorney who is familiar with this area of immigration law. Many immigration attorneys never go near a courtroom and know nothing about this area of immigration law.

Be sure you have this issue reliably determined before proceeding with the criminal case and before travelling internationally. If you travel and are found to be excludable based on a criminal conviction, you will be held without bail until the matter is decided, which could take months or even years.

Generally, one offense of low value shoplifting is not a problem. However, you need a specific answer, not a general one.

Jim
 

mvg_12345

Registered Users (C)
Jim,

Thanks a lot for your reply. I talked to a immigration lawyer; I could not gauge the kind of experience he had with these kind of cases. But he did suggest not to travel, until this settled. Most probably, I will get a PTI or a dismissal, which is the best thing that can happen.
My concern is if I need to travel during this period, due to an emergency, then what I can do? I did not get an answer for that in particular, but in general, what are the options, I have?

thanks
 

Jim Mills

Registered Users (C)
mvg_12345 said:
Jim,

Thanks a lot for your reply. I talked to a immigration lawyer; I could not gauge the kind of experience he had with these kind of cases. But he did suggest not to travel, until this settled. Most probably, I will get a PTI or a dismissal, which is the best thing that can happen.
My concern is if I need to travel during this period, due to an emergency, then what I can do? I did not get an answer for that in particular, but in general, what are the options, I have?

thanks

Be careful. PTI is considered a conviction in many instances. From an immigration perspective, charges of this nature alone will not present a problem. I cannot comment on the state criminal aspects of the case and they may vary a lot from state to state.
 

humble

Registered Users (C)
Re PTI

If one underwent such program PTI and did not plead guilty or nolo contendere nor admit to the facts in the court and upon doing all the requirements all charges are dropped...will that still be a conviction? Thanks
 

gil

Registered Users (C)
plea bargain

mvg,

hire a very good attorney (they tend to have good terms with DA) and try to enter into plea bargain for lesser charges..like tresspass or disturbing the peace
 

humble

Registered Users (C)
Pti

Mvg mentioned about PTI program, so question is if one entered such program where no admittance of guilt is involved nor pleading guilty and nolo contendere at the court, is that still considered conviction under federal law?
 

GreenCardVirus

Registered Users (C)
mvg_12345 said:
I do not what crazy thoughts were in mind, but I did a bad thing of shoplifting, first time, and was caught; I was taken to the police, finger printed, and summoned for next month; I was convicted, but not charged? this is my first offense of any kind. I am permanent resident, and am planning to apply for citizenship.
My gravest concern is, that I plan to go to India in 2 weeks, and will be back after a month. and Iwas given a court date during this period; I will have to go see the judge and have a date changed. Will I have issues coming back during immigration? If I can get the date changed, to some day after I come back, then, will immigration at port of entry need some kind of documentation to state the same, and that I am yet to have see the judge?
My family is out of the country right now. I do not know what to do..
Or should I all together cancel my trip?
I know, I did a big silly mistake, not knowing the implication, and it became detrimental.

Please, please help me and advise me...

thanks

What is the cost of the item involved? What is the maximum time possible for that cost.

Since you are a permanent resident, you can confidently go and comeback. Your case is not even complete yet. Postpone and deal with it after you come back. Immigration authorities will certainly not stop you at POE, obviousely you returning means that you are willing to deal with the case.

By the way you are convicted but not charged? What the hell does that mean ? How can you be convicted of something you are not charged of.

For citizenship, it all depends on type of crime, punishment possible and actual punishment given. Rules are same for GC or citizenship.
 

mvg_12345

Registered Users (C)
GreenCardVirus said:
What is the cost of the item involved? What is the maximum time possible for that cost.

Since you are a permanent resident, you can confidently go and comeback. Your case is not even complete yet. Postpone and deal with it after you come back. Immigration authorities will certainly not stop you at POE, obviousely you returning means that you are willing to deal with the case.

By the way you are convicted but not charged? What the hell does that mean ? How can you be convicted of something you are not charged of.

For citizenship, it all depends on type of crime, punishment possible and actual punishment given. Rules are same for GC or citizenship.

It was $19.99. since first offense, I have a court date in aug and then I should get some idea. it is still quite confusing.
I delayed my plans for now.
I was charged, but not convicted, is what I meant.
My lawyer has not communicated anything to me yet. I am still in dark for now.

my main worries are re entry and when I can apply for USC.
any body has any experience in the recent times?
 

GreenCardVirus

Registered Users (C)
mvg_12345 said:
It was $19.99. since first offense, I have a court date in aug and then I should get some idea. it is still quite confusing.
I delayed my plans for now.
I was charged, but not convicted, is what I meant.
My lawyer has not communicated anything to me yet. I am still in dark for now.

my main worries are re entry and when I can apply for USC.
any body has any experience in the recent times?

Take it easy on re-entering doubts, no problems there. No one will stop you.

Just be careful when applying for USC, I'd say hold back on it till you get your facts clear.

With a problem related to crime, getting GC is slightly easier than getting USC. All other rules being common, to become USC additionally you need to show 5 years of good moral conduct.

In any circumstance, try to get charges dismissed/reduced, punishment less than 6 months probation etc. Some other options are to talk to the store and try to resolve it. I read in a news article that some store make you pay some 50 times the item value and let you go. Offer them to pay $1000 and an apology. Nothing wrong in trying.

Also, any criminal lawyer will first tell you to plead "not guilty". Those 2 words will mean lot of work to every one. So the state/prosecutor will try to offer some kind of deal. If accepted, it works in the best interest of the state, you and society in general.
 

mvg_12345

Registered Users (C)
Hi,
I am glad looking at your reply. from what I heard around, there can be issues reentering. i am just wondering, what makes you feel confident on this? Do you know anyone, who was in the same situation?
I am working with a lawyer, but very little communication from him to really do anything.
I will call him today, as we just have 5 days for the court date, and i am not sure what he has in his mind.
thanks a lot, on the settlement thought. but how can I approach anybody from the store? if I talk to my lawyer, should I propose this to him?

-thanks a lot for your help.
 

GreenCardVirus

Registered Users (C)
mvg_12345 said:
Hi,
I am glad looking at your reply. from what I heard around, there can be issues reentering. i am just wondering, what makes you feel confident on this? Do you know anyone, who was in the same situation?
I am working with a lawyer, but very little communication from him to really do anything.
I will call him today, as we just have 5 days for the court date, and i am not sure what he has in his mind.
thanks a lot, on the settlement thought. but how can I approach anybody from the store? if I talk to my lawyer, should I propose this to him?

-thanks a lot for your help.

Talk to the store security and manager. Just try. You might want to do some reading on Murthy forum in criminal section.

If your case is not even complete, how can they say you are eligible or not to enter? Leave that. You are a permanent resident. They dont check your criminal background at the airport, they do that only to temporary type visa holders like F1/H1/L1/B1 etc. The check is done thru an index finger impression which is in turn compared to FBI databases. Finger prints are generally sent to FBI. First they send the arrest record (why a person is arrested and what the charges were), then some time later they send the result of such charges. An immigration officer cannot stop you on pending charges. He/She cannot decide to be a judge. Another thing, it is the DA's job to refer to immigration judge if he/she thinks a crime is big enough to be deportable, and in petty cases I've not heard or read anyone doing so.

Take it easy, ask for continuance (postpone), go on your trip and deal with it later.
 

mvg_12345

Registered Users (C)
Hi GreenCardVirus,
I talked to my lawyer just now. he does not bother to update me. He has no updates for me, and he will meet me on the court date.
How do you think I can get to the store manager? I do not know if it is a good thing to bypass the lawyer once you have one.

from what I understand, at POE, they get the FBI records, and then if they happen to check, even for PR, then it might cause trouble, but I do not know for sure.
GreenCardVirus, thanks for your replies, it helped me a lot.
 
Top