Criminal Law Help with shoplifting, please!

[hchhon]

My wife was arrested for shoplifting in the state of Colorado in 9/26/06. The stolen good was $33.86. The judge gave her 10 hours of community service (working in the library) and the judge did not sentence her to jail. Six months later the court sent her a dismissal letter and it stated as follow:


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MOTION TO DISMISS

Defendant

The People of the State of Colorado move to dismiss the charge(s) of 10.24.080 Theft, as alleged in the Summons and Complaint in this case for the following reason(s):
Completed terms of deferred sentence.
The Court grants the preceding motion to dismiss the charge(s) identified above.

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We are in the process of applying for a join I-751 and I don't know how to answer question number 7 of part 3 on form I-751. If we answer YES will the immigration deny our application and she will get deported? Please advice.

I am attaching this letter with the I-751 form about her shoplifting incident. Do you think this is a good idea and will she get her I-751 form approve? Thank you!

Here is a letter:
On 09/26/2006, my wife and her friend went to a Safeway Store for grocery shopping and a very stupid and an unfortunate thing had happened. She and her friend took some merchandise and placed them in a plastic bag without paying for the merchandise. The total value of the stolen merchandise was $33.86. The police wrote a summons citation ticket for my wife and told her to go to the Longmont Municipal Court. The Judge gave her 10 hours of community service at the Longmont Public Library. She completed the community service and the charge was dismissed. This is her first shoplifting incident and she is feeling very embarrassed and guilty. She does not have any other criminal history. She had learned a hard lesson and she swore in front of the Judge not to commit any more unlawful acts again. Enclosed please find a police report and a court dismissal order record.

My wife has been living in the United States for about 7 months since the incident and she did not know much about the laws as she was trying to adjust to new culture. As of her friend she blamed everything on my wife and she got away with it because she can speak English and talked her way out of it. My wife speaks very little English and a bad influence that she received from her friend got her into this trouble. She does not hang out with her friend anymore. We feel very embarrassed and guilty for the incident. She swears not to commit any more unlawful acts again. She wants to be a good person and trying to take good care of our 4 months old son. Please forgive her and accept our apology.

Thank you and please I need your advice ASAP.

 

[jacksgal]

It appears as though she was put on diversion program and her charges dismissed however that may or may not free her from imigration issues. She should consult an Attorney familar with imigration law

 

[hchhon]

Thank you, jacksgal!

mafioso, I have been reading your replies to other members and you have good advices. Please comments and advices. Thank you.

 

[mafioso]

It would still be viewed by immigration law as a conviction. However, if the maximum jail time is not more than a year, she would qualify for the crime exception under immigration law. It is pretty much a one time exception for all practical purposes. So check and let me know the maximum possible jail time for the theft offense.

What is her immigration status?
Does she plan to travel anytime soon?

 

[hchhon]

mafioso,
I think the maximum possible jail time is 6 month but she did not go to jail.
The Judge gave her 10 hours of community service.
She is in good standing on a 2 year green card and her 2 year green card will expire on 7/28/08.
She does not plan to travel outside the USA.

 

[mafioso]

She would be fine because her offense meets the immigration exception. Just make her understand another offense could trigger deportation hearing......If she is traveling out of the US, she should hold all court papers related to this incident and double check with an immigration attorney before leaving......Requirements change constantly.

 

[hchhon]

She would be fine because her offense meets the immigration exception. Just make her understand another offense could trigger deportation hearing......If she is traveling out of the US, she should hold all court papers related to this incident and double check with an immigration attorney before leaving......Requirements change constantly.

Thank you Mafioso! I have a few more questions if you don't mind.

1. Does she have to answer YES to on the arrest questions?

2. When the immigration officer is reviewing my wife case how does she/he determine that her offense meets the immigration exception? Do they look at her court dismissal record and decide if her offense meets the immigration exception or not?

3. How does the immigration officer know if her offense carries a possible maximum sentence of 6 months or 1 year?

4. What is exactly does this statement mean?
The People move to dismiss the charge(s) of 10.24.080 Theft, as alleged in the Summons and Compliant in this case for the following reason(s): Completed terms of deferred sentence.

5. Is it a good idea to attach a written explanation of her shoplifting incident as was posted in my first post?

6. What kind of court records do we need to include when sending the I-571 form?

7. Do we need a lawyer to represent our case.

Thank in advance!

 

[mafioso]

Thank you Mafioso! I have a few more questions if you don't mind.

1. Does she have to answer YES to on the arrest questions?

2. When the immigration officer is reviewing my wife case how does she/he determine that her offense meets the immigration exception? Do they look at her court dismissal record and decide if her offense meets the immigration exception or not?

3. How does the immigration officer know if her offense carries a possible maximum sentence of 6 months or 1 year?

4. What is exactly does this statement mean?
The People move to dismiss the charge(s) of 10.24.080 Theft, as alleged in the Summons and Compliant in this case for the following reason(s): Completed terms of deferred sentence.

5. Is it a good idea to attach a written explanation of her shoplifting incident as was posted in my first post?

6. What kind of court records do we need to include when sending the I-571 form?

7. Do we need a lawyer to represent our case.

Thank in advance!

1. Does she have to answer YES to on the arrest questions?
If she was arrested then she should say yes………She has to honest about everything that happened cause they could require court papers and records.

2. When the immigration officer is reviewing my wife case how does she/he determine that her offense meets the immigration exception? Do they look at her court dismissal record and decide if her offense meets the immigration exception or not?
It is determined by the maximum possible jail time for the offense. It is checked with your state's law. Crimes with a max of up to a year per your state's law qualify.

3. How does the immigration officer know if her offense carries a possible maximum sentence of 6 months or 1 year?
Your states criminal code has all possible maximum sentences.

4. What is exactly does this statement mean?
The People move to dismiss the charge(s) of 10.24.080 Theft, as alleged in the Summons and Compliant in this case for the following reason(s): Completed terms of deferred sentence.
It means you completed your pre trial court deal in order for the state to drop the charges………example: taking a class or even community services.

5. Is it a good idea to attach a written explanation of her shoplifting incident as was posted in my first post?
No use a lawyer to face immigration when ever you have an arrest record or have been charged with a crime before.

6. What kind of court records do we need to include when sending the I-571 form?
Yes, your lawyer would guide you. Don't venture alone.


7. Do we need a lawyer to represent our case?
Yes use a lawyer

 

[Startfresh]

US citizenship test in two days and a "Petty theft"!!

Hi Mafioso,

I've been reading your answers to all the other posts and I found them very helpful since they're very similar to my case.

BUT, I need some advice from you or from anyone who knows about cases like mine.

about me:

I'm a Graphic Designer 27, married and live in Miami. I'm a GC holder and going for my citizenship in two days!!!

I'm scared b/c of I have a "petty theft" this happened after I was schedule for my citizenship interview!

I was charged by a "petty theft" back on Oct 2007 at a store for less than $30 pair of earings. I was stopped by security then taken to sec floor where there was a police officer and the security team who searched for the earings in my purse, I told them it was an accident, I was crying and told them I didn't want to go to jail, they said (you won't have to go to jail if you just sign this letter saying what u did). anyway to make my story short, I was fingerprinted and they let me go home. I hired a lawyer the next day since it was my first time I didn't know what to do. I went to court, was given 4 hours of anti-theft class. I completed my hours on January. I paid $200 for the class plus $50 donation. I also paid the store another fine.

Anyway, I spoke to my lawyer he said I should be fine but he doesn't know much since he's only criminal not immigration lawyer. I also spoke to the counselor in the school, she also said "I should be fine, since it's only a petty theft" and have no criminal records. What really worries me it's that my case will be closed on June so that means:

1. I won't be able get my citizenship for now? until my case closes on June? 2. Do you think I can still take the test and just show them the letter that I've completed the hours and that I found not guilty?
3. I'm also traveling next week!! BUT i think I should be ok right? I'm bringing the letter just in case*

I hope I get any answers before TUESDAY!! I'm praying to GOD that I won't be in trouble!! all my family got their citizenship already and are waiting for mine!

*If I don't hear from you b-4 tuesday, I will let u know what happened and deft when i come back from my trip! I think this will help to all those who are looking for answers about their citizenships and when traveling!!

wish me luck!!

 

[mafioso]

Hi Mafioso,

I've been reading your answers to all the other posts and I found them very helpful since they're very similar to my case.

BUT, I need some advice from you or from anyone who knows about cases like mine.

about me:

I'm a Graphic Designer 27, married and live in Miami. I'm a GC holder and going for my citizenship in two days!!!

I'm scared b/c of I have a "petty theft" this happened after I was schedule for my citizenship interview!

I was charged by a "petty theft" back on Oct 2007 at a store for less than $30 pair of earings. I was stopped by security then taken to sec floor where there was a police officer and the security team who searched for the earings in my purse, I told them it was an accident, I was crying and told them I didn't want to go to jail, they said (you won't have to go to jail if you just sign this letter saying what u did). anyway to make my story short, I was fingerprinted and they let me go home. I hired a lawyer the next day since it was my first time I didn't know what to do. I went to court, was given 4 hours of anti-theft class. I completed my hours on January. I paid $200 for the class plus $50 donation. I also paid the store another fine.

Anyway, I spoke to my lawyer he said I should be fine but he doesn't know much since he's only criminal not immigration lawyer. I also spoke to the counselor in the school, she also said "I should be fine, since it's only a petty theft" and have no criminal records. What really worries me it's that my case will be closed on June so that means:

1. I won't be able get my citizenship for now? until my case closes on June? 2. Do you think I can still take the test and just show them the letter that I've completed the hours and that I found not guilty?
3. I'm also traveling next week!! BUT i think I should be ok right? I'm bringing the letter just in case*

I hope I get any answers before TUESDAY!! I'm praying to GOD that I won't be in trouble!! all my family got their citizenship already and are waiting for mine!

*If I don't hear from you b-4 tuesday, I will let u know what happened and deft when i come back from my trip! I think this will help to all those who are looking for answers about their citizenships and when traveling!!

wish me luck!!

I won't be able get my citizenship for now? Until my case closes on June? 2. Do you think I can still take the test and just show them the letter that I've completed the hours and that I found not guilty?
To be a citizen you must have shown good moral character for at least five years………So you would not qualify if immigration finds out. You might have to wait for five more years. You never want to lie because some people in your situation have been caught and faced even higher charges……………federal charges. Some people have lied and got their citizenship with no problem. In most cases, if you are far into the process and your BG checks done already, it is not noticed but you would have to answer similar questions about crimes on swearing in day.
3. I'm also traveling next week!! BUT I think I should be ok right? I'm bringing the letter just in case*
Have all relevant paper work and don't travel out of the US if the case has not been completely disposed of or dismissed……..etc.

I hope I get any answers before TUESDAY!! I'm praying to GOD that I won't be in trouble!! All my family got their citizenship already and is waiting for mine!

*If I don't hear from you b-4 Tuesday, I will let u know what happened and deft when I come back from my trip! I think this will help to all those who are looking for answers about their citizenships and when traveling!!

Wish me luck!!

Good luck!!! Let me know…………..