ok so this was very dumb of me but i stole a grill from an apartment complex on my college campus and the girl who owned the grill decided to press charges. im a first time offender and have never been in trouble with the law. i have no idea what to do. any form of help would be appreciated. im also a non-US citizen here on a work visa. this is so dumb i know.....all in the name of some stupid steak!
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Shoplifting, Larceny, Robbery, Theft first time petit larceny
- Thread Starter aallen45
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army judge
Super Moderator
You need a lawyer. Hire one, or when you plead bit guilty, ask the court to appoint one to represent you.
Your legitimate stay in the US may be in jeopardy.
Make no statements, sign no cenfessions.
Say you want to invoke your right to plead not guilty and remain silent.
You're innocent in our country until proven guilty in a court of law. So, stop saying you stole a grill.
That is unnecessary and not required under our legal system. The state must prove your guilt.
Shut up, get a lawyer, and wait.
This will take time to come to a conclusion.
If convicted, expect to have a deportation hearing.
Your legitimate stay in the US may be in jeopardy.
Make no statements, sign no cenfessions.
Say you want to invoke your right to plead not guilty and remain silent.
You're innocent in our country until proven guilty in a court of law. So, stop saying you stole a grill.
That is unnecessary and not required under our legal system. The state must prove your guilt.
Shut up, get a lawyer, and wait.
This will take time to come to a conclusion.
If convicted, expect to have a deportation hearing.
thanks i appreciate the help....but a big issue is that the apartment complex has footage of me taking the grill from the front of her apartment. im really scared....i will do as stated and hopefully it will go well. my friends wanted to try and talk to the girl thats pressing charges....is that wrong?
mightymoose
Moderator
Surely you didn't steal the grill. I'm sure you only meant to use it temporarily to cook your steak and you intended to return it nice and clean right away.
This is a very petty offense, and the consequences will not be very significant if you have no prior criminal history. I don't expect your citizenship status will come into play over something so petty... so long as you don't keep doing such silly things.
Make use of a private attorney or the public defender and you will be fine. You can probably resolve this matter very easily withtout ever going in a court room.
This is a very petty offense, and the consequences will not be very significant if you have no prior criminal history. I don't expect your citizenship status will come into play over something so petty... so long as you don't keep doing such silly things.
Make use of a private attorney or the public defender and you will be fine. You can probably resolve this matter very easily withtout ever going in a court room.
yeah thanks....my intention was to return the grill as soon as I was done with it. ive got a clean record and i will never be caught doing anything so stupid again. do you suggest i hire a private attorney or just go with the public defender......im just fresh out of college about to start a new job with no money. i cant really afford a private attorney unless my parents get involved which id rather not happen.
Here's my thought - as painful as it is, you've got some well placed comments here. This is one of those times where, while you don't want your parents to know, they are going to have to know now or they will later when it will be much worse. This isn't like a speeding ticket where you pay a big fine and it goes away. If you need to borrow money, do it. Unfortunately the only way to speak to this person or a prosecutor is through the use of a third party. If the charges can be dismissed or dropped if you complete a probationary period (e.g. ACD - adjournment in contemplation of dismissal) then you'll still have a clean record and can consider yourself extremely fortunate.
mightymoose
Moderator
Which is why I mentioned it. Depending on how the statute in your state is worded this argument might give you some wiggle room to minimize the damage. Sometimes the theft statue includes language to "permanently deprive" the owner of the property, but sometimes it also says "temporarily". Hopefully you sound very convincing with that quoted statement above.... however, the video they have may show you sneaking around and running away with the grill, and that won't help you at all.
Ok so i just wanted to thank u all for your advice/help. i spoke with my lawyer today and the DA has agreed to grant me an ACD with 16hrs of community service. i still cant believe how stupid I was but oh well u live & learn. I know i can keep my nose clean for 6 months. Thanks again
army judge
Super Moderator
Good luck.
Keep your nose clean for about 70-80 more years.
It ain't hard doing the right thing.
Under the Immigration and Nationality Act ("INA"), a "conviction" for immigration
purposes includes:
[A] formal judgment of guilt of the alien entered by a court or, if adjudication of
guilt has been withheld, where:
(i) a judge or jury has found the alien guilty or the alien has entered a plea of
guilty or nolo contendere or has admitted sufficient facts to warrant a finding
of guilt, AND
(ii) the judge has ordered some form of punishment, penalty, or restraint on
the alien's liberty to be imposed.
See INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).
I think that reads that dispositions that are not convictions under state laws—such as a deferred adjudication program that results in the dismissal of all charges,such is,I believe your case,—may be considered "convictions" under immigration law and thus may trigger negative immigration outcomes.
Adjournment in contemplation of dismissal (ACD or ACOD) where the judge usually adjourns the case for a period of six months after which time the case will be dismissed as long as the defendant has stayed out of trouble (i.e., has not gotten arrested again) is not a form of probation, nor a conviction.
For a citizen.
For an alien,by reading Immigration and Nationality Act ("INA"),I conclude ,maybe it is.
You should have talked to an immigration attorney.
It would be wise to talk to an immigration attorney to check if you are going to have consequences regarding your status.
purposes includes:
[A] formal judgment of guilt of the alien entered by a court or, if adjudication of
guilt has been withheld, where:
(i) a judge or jury has found the alien guilty or the alien has entered a plea of
guilty or nolo contendere or has admitted sufficient facts to warrant a finding
of guilt, AND
(ii) the judge has ordered some form of punishment, penalty, or restraint on
the alien's liberty to be imposed.
See INA § 101(a)(48)(A), 8 U.S.C. § 1101(a)(48)(A).
I think that reads that dispositions that are not convictions under state laws—such as a deferred adjudication program that results in the dismissal of all charges,such is,I believe your case,—may be considered "convictions" under immigration law and thus may trigger negative immigration outcomes.
Adjournment in contemplation of dismissal (ACD or ACOD) where the judge usually adjourns the case for a period of six months after which time the case will be dismissed as long as the defendant has stayed out of trouble (i.e., has not gotten arrested again) is not a form of probation, nor a conviction.
For a citizen.
For an alien,by reading Immigration and Nationality Act ("INA"),I conclude ,maybe it is.
You should have talked to an immigration attorney.
It would be wise to talk to an immigration attorney to check if you are going to have consequences regarding your status.
alright so im back to square 1. it looks like John39 is right and the ACD is still considered a conviction for immigration purposes. i just did some online research for the last few hours and it looks like my best bet would be to get 'Disorderly Conduct'. this is because it is not considered CIMT offense. it would also be my best plea without pleading guilty. i will consult an immigration attorney tommorrow as im due in court on thursday. any help/advice would be greatly appreciated appreciated...
It is difficult to understand how an ACD (adjournment in contemplation of dismissal) is still considered a CIMT (Crime Involving Moral Turpitude) even though the case is ultimately dismissed - and it would seem it disposes of the case. It doesn't quite work like that. From what I understand, ACD is similar to pretrial diversion (PTD.) Here is an excerpt from the US Attorney Criminal Resource Manual which explains it a little better:
Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by the U.S. Probation Service. In the majority of cases, offenders are diverted at the pre-charge stage. Participants who successfully complete the program will not be charged or, if charged, will have the charges against them dismissed; unsuccessful participants are returned for prosecution.
The major objectives of pretrial diversion are:
While the case doesn't ultimately result in your conviction, your arrest for the crime is still on the record. The plea doesn't mean that you pled guilty but it seems to be an understanding that you were likely guilty and you are accepting guilt in exchange for not having this appear on your record provided you behave for the next few months and you can generally go on your way. It's not the same as being found innocent or having all charges dropped without any probationary period. Perhaps this explains the process, at least as I understand it.
Pretrial diversion (PTD) is an alternative to prosecution which seeks to divert certain offenders from traditional criminal justice processing into a program of supervision and services administered by the U.S. Probation Service. In the majority of cases, offenders are diverted at the pre-charge stage. Participants who successfully complete the program will not be charged or, if charged, will have the charges against them dismissed; unsuccessful participants are returned for prosecution.
The major objectives of pretrial diversion are:
- To prevent future criminal activity among certain offenders by diverting them from traditional processing into community supervision and services.
- To save prosecutive and judicial resources for concentration on major cases.
- To provide, where appropriate, a vehicle for restitution to communities and victims of crime.
- The period of supervision is not to exceed 18 months, but may be reduced.
While the case doesn't ultimately result in your conviction, your arrest for the crime is still on the record. The plea doesn't mean that you pled guilty but it seems to be an understanding that you were likely guilty and you are accepting guilt in exchange for not having this appear on your record provided you behave for the next few months and you can generally go on your way. It's not the same as being found innocent or having all charges dropped without any probationary period. Perhaps this explains the process, at least as I understand it.
For me is difficult to understand why.Not how.
I don't understand why legislator proposed, debated, and enacted the particular statue quoted.
But how ,I think comes from reading its plain language.
Of course,if one asserts the statutes language is ambiguous one undertakes the burden to explain where.
I don't see ambiguity.
I don't see reason.I don't know what was the legislative intent (why they enacted this)
But how - that's easy - because it says so.
I don't understand why legislator proposed, debated, and enacted the particular statue quoted.
But how ,I think comes from reading its plain language.
Of course,if one asserts the statutes language is ambiguous one undertakes the burden to explain where.
I don't see ambiguity.
I don't see reason.I don't know what was the legislative intent (why they enacted this)
But how - that's easy - because it says so.
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