Criminal Law Green Card Holder Shoplift

[sulekha]

I am in little tention. Yesterday my wife was arrested for shoplifting worth goods in the range of 50$ - 500$ in Texas. My wife didn't do it intentionally but all the proofs show as if it is done intentionally. I got her out on bail today with security deposit of $2500. I need some info like will this effect any of our greens cards which were already approved and received the cards. Is there a chance of deporting her back to India on this issue? Do we need to set up an immigration lawyer/criminal lawyer to handle this case? If so please refer someone in Dallas if you know anyone who can help us and in case you don't handle this case. PLease reply back to this query ASAP considering the gravity of the issue.

 

[NYClex]

Under the law you are removable if convicted for a crime of moral turpitude (to which theft belongs) which can be punished by one year or more in jail.

Now, most thefts are misdemeanors and most misdemeanors are punishable by up to one year in jail. And there is the little but grave problem: while many people read the statute as saying "can be punished by more than a year in jail" which would exclude misdemeanors, it says "one year or more", so many misdemeanors are included.

Therefore, what I advise is to find an experienced criminal defense attorney with knowledge of immigration law and have him find a way to make sure that she will be charged or convicted only for a misdemeanor with clearly less than one year maximum punishment. It doesn't matter how much she will actually get, generally no jail time at all, what matters is the possible maximum sentence. Often something can be negotiated with the DA.

Sorry, don't know anyone in TX. Here is a link to the lawyer referral programs of the Texas Bar. http://www.abanet.org/legalservices/lris/directory/states/texas.html