shoplifting chanrges.. please help!!!

plea bargain

mvg,

consulting the store may not help 'cause, if you look at the charges, it is state vs you. Once it goes to court, even if store withdraws, DA persue the case. (most of the stores dont file criminal charges for first time offenders...few stores are very perticular in pushing the charges....like fry's. they want to send the message...they loose a lot to shoplifters and spend a lot on security)

Other option you have is...pleading no contest to lesser charges...like tresspass or disturbing the peace. this is posiible only if you hire able attorney...and DA agrees to his arguments. pleading no contest to lesser charges saves you from comming under INA 212(a)(2).

If you are convicted to original charges...still it is a misdiminor but comes under CMT, so you need to apply for waiver to be elegible for any immigration benifit(if it's comes under petty offence exception based on punishment ..max penalty < 1yr, actual penalty < 6mos)
 
gil said:
mvg,

consulting the store may not help 'cause, if you look at the charges, it is state vs you. Once it goes to court, even if store withdraws, DA persue the case. (most of the stores dont file criminal charges for first time offenders...few stores are very perticular in pushing the charges....like fry's. they want to send the message...they loose a lot to shoplifters and spend a lot on security)

Other option you have is...pleading no contest to lesser charges...like tresspass or disturbing the peace. this is posiible only if you hire able attorney...and DA agrees to his arguments. pleading no contest to lesser charges saves you from comming under INA 212(a)(2).

If you are convicted to original charges...still it is a misdiminor but comes under CMT, so you need to apply for waiver to be elegible for any immigration benifit(if it's comes under petty offence exception based on punishment ..max penalty < 1yr, actual penalty < 6mos)
Click to expand...

Nothing wrong in trying to contact the store one more time. May or may not help, but this is not a small issue. Small issues like this will haunt a person for the rest of the life.

Pleading to lesser charge is a good option, but first you got to start with a "not guilty" plea and let your lawyer then bargain for a lesser charge. If you are in a smaller place, lawyers usually knows the DA and will help to work out something quickly. Specifically let the judge or DA know that even though it is small, it will affect you in travel/immigration and ask them to be considerate.

I had my own brush with law (not a CMT) few years back and I am telling you based on what I read, heard and went thru. Be aggressive, try every thing possible, dont let money come in your way, it will all be worth it in the end.
 
thanks gil and Greencardvirus
My lawyer seems to know the prosecutor, and I am hoping for the best. But u are right, i did learn that I need to be aggressive, in putting forward my immigration and asking to be considerate.
I am pleading not guilty and am asking my attny to settle on the first meeting.

thanks
 
any comments feel free to correct has to be constructive though :)

MVG...as far as i know theres 3 things that might work for immigration purposes... Firts next best thing if outright dismissal is not possible is a diversion program wherein no admittance of guilt is involve, in any form like pleading guilty, nolo contendere... this will not be considered as conviction for immigration purposes...you will only have arrest record which needs to be reported when you apply for citizenship...Next will be pleading down to a lesser degree like disorderly conduct...as long as it doesn't constitute any crime that will be inadmissible (the only thing I dont like about this is for job employment you will have a conviction which I am not sure how it works ) or get a conviction and make sure that it falls under a petty theft exemption and when you apply you have to wait for five years or so to make sure you have a good moral character. Pls correct me if I am wrong...best thing is make sure you talk to your lawyer on all your concerns. Im in the same boat as I have told you in another forum...my lawyer before the court date wasnt all informative too and he said we have to see what happens in court. His main objective is to dismiss the case outright. I met with him half hour befor e we went to court and have told him my concerns on both job employment and immigration purposes and that any kind of guilty plea would ruin both for me. I made sure he is aware of all consequences that would have an effect on me on both purposes. Pls let us know what happens after the court date and I wish you goodluck!!!
 
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Hi Humble, I was trying to send you a pm, but your mailbox is full..
yes, i understand what you are saying... there is very little infor from my attny too..
I will keep you all posted on the proceedings...
I am wondering, if I have to change jobs now, is that OK?
 
Goodluck!!!

Im not sure why my inbox is full i just erased almost all my messages there. Anyways MAYBE wait until everything is over before you change jobs...at least if your lawyer is able to get you a pre trial then after everything is dropped you won't have a conviction just arrest.Do you really need to change jobs right now? I believe most states does not count arrest record when they're hiring (but of course some pople use their discretion)... check your state if after you complete the pre trial you can have your arrest record expunge right away...you can send me a pm on this site. What kind of job are you looking into by the way? Its almost your court date I wish you goodluck.
 
I am not looking for any, now, but i was wondering; if I am forced to look for a job. It is close to the date, and I am worried about the outcome
 
stay calm and positive

I know this thing is very traumatic but dont worry things will be better. What happened already happened and what we can do now is pray and hope for the best outcome. We learned from it and promise to be better, I am also worried about job but you know what I figured if I make mayself worry about it everyday ill just waste my energy on something negative. Goodluck and let us know what happens :)
 
can they actually deport you if you either fall into a petty theft exemption or your case is dismissed when you get into a pre trial diversion? or you only have an arrest record?
 
humble said:
can they actually deport you if you either fall into a petty theft exemption or your case is dismissed when you get into a pre trial diversion? or you only have an arrest record?
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This whole system is confusing. It is possible that a person applying for Visa aborad could disclose an arrest or conviction and still get a visa after some checks done by the consulate involved. So if the conviction shows up at POE, does it mean that the person has to go thru checks again?

One could have gotten GC aftering disclosing convictions in GC application. What happens to them now if the officer at POE is not sure if the applicant is eligible to enter or not.
 
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