Shoplifting in MD

El_Bueno

New Member
Hello,
I need your help, my friend has been accused of shoplifting in Maryland, the exact amount of the goods is $160, the store have her on video and the store manager was at the courthouse to testify against her, the lawyer asked her to plea guilty so he can negotiate with the D.A a lesser charge: stealing less than $100, is that OK with immigration? She will be eligible to apply for citizenship in 1 year and 5 months, will she have issues or she has to wait another 5 years? Can her lawyer negotiate a different plea that is not considered CIMT? Will immigration find out the original charges even if she negotiates a plea? The court date was postponed.
Please let me know your advice,
Thanks in advance.
 
Theft is a general term that encompasses any incident in which someone takes the property of another with the intent to permanently deprive the true owner of that property.

Theft is a consolidated legal term under Maryland Laws (MGA §7–102) That includes shoplifting, larceny, false pretenses, and receiving stolen property. So, for example, Maryland shoplifting laws are the same as theft laws. Penalties directly relate to the cost or value of goods stolen.

Related to theft which are more serious charges, include:

Burglary. Burglary is breaking and entering in the house, car, boat, business, etc. of another with the intent of committing a felony therein, usually a theft.

Robbery. Robbery is taking directly from a person by use of force, threat, or intimidation. A robbery is a theft plus an assault.

Maryland Theft/Shoplifting Penalties
Under Maryland Criminal law, the penalty for a theft charge is related to the value of the goods allegedly stolen. If the value of the stolen property is over $500, then the crime is a felony. If the value of the property is under $500, then the crime is a misdemeanor. In addition to the possibility of jail time, Maryland law requires the property to be restored to the owner or that the owner be compensated for the value of the stolen property, i.e. restitution.

CRIMES INVOLVING THEFT
Charge----------------------------------------------------------- Penalty
Theft, Less than $100 -----------------------------------------Maximum of 90 days in jail
Theft, Less than $500 --------------------------------------------Maximum—18 months; Fine—$500

Theft, Greater than $500 Felony Charge. ------------------------Maximum—15 years; Fine—$25,000
Theft by Use of Computer Service, Less than $500 -------------Maximum—18 months; Fine—$500
Theft by Use of Computer Service, Greater than $500 ---------Maximum—15 years; Fine—$25,000
Theft of Motor Vehicle* -------------------------------------------Maximum—5 years; Fine—$5,000

8 CFR 316.10 Good Moral Character

(b) Finding of a lack of good moral character.

(2) An applicant shall be found to lack good moral character if during the statutory period the applicant:

(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act; [Look this up.]

(iv) Admits committing any criminal act covered by paragraphs (b)(2) (i), (ii), or (iii) of this section for which there was never a formal charge, indictment, arrest, or conviction, whether committed in the United States or any other country;

(vi) Has given false testimony to obtain any benefit from the Act, if the testimony was made under oath or affirmation and with an intent to obtain an immigration benefit; this prohibition applies regardless of whether the information provided in the false testimony was material, in the sense that if given truthfully it would have rendered ineligible for benefits either the applicant or the person on whose behalf the applicant sought the benefit; [Avoid this.]

(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:

(iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of §316.10(b) (1) or (2). [This is the basis for a Discretionary Denial.]

(c) Proof of good moral character in certain cases —(1) Effect of probation or parole. An applicant who has been on probation, parole, or suspended sentence during all or part of the statutory period is not thereby precluded from establishing good moral character, but such probation, parole, or suspended sentence may be considered by the Service in determining good moral character. An application will not be approved until after the probation, parole, or suspended sentence has been completed.

(3) Record expungement

(ii) Moral turpitude. An applicant who has committed or admits the commission of two or more crimes involving moral turpitude during the statutory period is precluded from establishing good moral character, even though the conviction record of one such offense has been expunged.
 
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