Criminal Law arrested for shoplifting, waiting for court and have questions

[hasinka]

I have been arrested for shoplifting and discharged on personal bond. I have never been convicted or in any trouble whatsover. My court date is on Tuesday and I am really scared. I got an advice to plead no contest, which I would really like more informations on. I don't think I am facing jail time (the items stole were probaboly of a value less than $50) but I dont know? May I be?
But the most frighting thing for me is my immigration status. I am currently on an student visa (I dont study though, I dont have my I-20) but I have a case for green card due to marriage. Does that make me illegal? Is this wole thing with shoplifting going to affect my chances of getting green card? Am I facing the possibility of deportation? Please help me as soon as possible. Time is crucial because the court is in only couple of days.

 

[fmcasado]

I would think twice before pleading no contest. Plead no contest means: Admitting to the facts of the charges. You should consult with an attorney from your jurisdiction to help you determine if in your state you will be able to apply for the petty offense exception for immigration purposes.
Regards!

 

[hasinka]

update - also read the previous threats and have more questions. please help!!!

Well, I pleaded no contest. I got some community work and a class to attend as a probation. Now my case was sealed!! I also read previous threats about deportation exepmption rule. My questions are: Is the sealing of the record immidiate? Is it going to afect my green card case? Do I need to file any paperwork (the vaiwer of inadimisability) if my case is sealed?

 

[Husty]

Case sealed or not, it does not matter much since a conviction was entered. You did not received an imposed sentence (probation does not count), so you should check the statute of conviction and the maximum possible jail time a judge is allowed to impose under the statute. If that time is under a year you "should' qualify for the POE, if it's more than one year you may need a waiver because there's a conviction and the crime is a CIMT.
This is not legal advice, consult with an attorney if you require help.

 

[hasinka]

another question

Thank you very much for your response, Husky. How would I check the statue of conviction? And also, how will that affect my case for green card?

 

[Husty]

If the CIMT has a statutory maximum sentence of more than one year, you do not qualify for the petty offense exception and may require a waiver.
This is NOT legal advice, you should consult with a qualified attorney for legal guidance.