MikeWatson

I'm on H1B for 2 years already. I been cought shoplifting - 109$.
Local officer arrested me...., asked to sign some papers, called police and then let me go saying that if'll come back i'll get
arested for trespasing.

I'm waiting for a letter with the date of my court.

Can anobody tell me what outcome can be ?
Am I going to be deported ?
I'm really lost and don't know what to do.
Is there anything I can do to avoid criminal record?

Ingo Pakleppa

The first thing you need to do is find a good immigration attorney who has
experience with criminal matters. Do that BEFORE the court date. Very
important. Whether or not you will be deported depends on the nature of
the crime you actually will be convicted of (or plead guilty to), as well
as whether this is the first offense.

As a rule of thumb, minor offenses don't always need to deportation. It
depends on, first, the *maximum* sentence imposed, and second on whether
or not it is classified of a CMT (crime of moral turpitude). The actual
sentence imposed is irrelevant. So for instance if the actual sentence is
a fine but the crime is grand larceny with a maximum sentence of five
years, then for immigration purposes, the five years count.

In most cases, there won't be a trial, but rather you'll end up with a
plea deal. Be very careful there. It may make sense from a criminal-law
standpoint, but for immigration purposes, it may sometimes make more sense
to actually go to jail awaiting trial, have a trial, and then have charges
dismissed. Again, this is something that only a competent immigration
attorney can evaluate (and be aware that for immigration law purposes, an
admission of guilt can be sufficient, so even a dismissal can still be
harmful. Again, something to ask your attorney)

You can discuss the immigration aspect with the judge and prosecutor.
Don't expect them to be experts in immigration law, though. Just point out
that if they want a plea deal, they should structure it so that it is
acceptable for you from an immigration standpoint.

Completely avoiding a criminal record probably won't be possible, but
fortunately you still have time to avoid some of the consequences.

On Wed, 07 May 2003 00:11:25 +0000, MikeWatson wrote:

    >
    > I'm on H1B for 2 years already. I been cought shoplifting - 109$.
    > Local officer arrested me...., asked to sign some papers, called police
    > and then let me go saying that if'll come back i'll get
    > arested for trespasing.
    >
    > I'm waiting for a letter with the date of my court.
    >
    > Can anobody tell me what outcome can be ?
    > Am I going to be deported ?
    > I'm really lost and don't know what to do.
    > Is there anything I can do to avoid criminal record?

--
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everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please visit my new FAQ at http://kkeane.netfirms.com (temporary location)
with a list of interesting immigration links.

My email address in usenet posts is now invalid for spam protection.

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http://www.ingopakleppa.com ! Comments are welcome.

MikeWatson

How INS will know about my trail ?
If worse comes to worse and INS will decide to deport me,
how's it going to happen ? How much time will i have ?

S B

MikeWatson wrote:
    >
    > How INS will know about my trail ?
    > If worse comes to worse and INS will decide to deport me,
    > how's it going to happen ? How much time will i have ?

You will be asked for identification that will identify you as an a
alien during your trial process ... and the INS will be notified. You
will not be deported while trial proceedings are under way.

See an immigration attorney specializing in criminal inadmissibility as
soon as possible.

MikeWatson

Today I recieved a letter from the store stating that I have to pay
civil penalty of 218$ - (twice of the merchandise value). And upon recieving of this pament they going to send me a letter releasing from this civil claim.

Does it mean that i'm not going to be criminally prosecuted ?