i was arrested December 2009 for shoplift for 500 in new york city, im a resident since march 2009, i never been arrested before. my attorney talked to the DA and they offering me to plead guilty for class a misdemeanor with 10 days community service and 200 dollars fine with the option to come back to court and plead guilty for disorderly conduct and get the criminal charges drop after completion of the community service. please advice me in this situation i want to make sure my lawyer is getting the best deal for me with the da because i am afraid of my permanent resident status.
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Shoplifting, Larceny, Robbery, Theft i need help, please help me
- Thread Starter patria
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fredrikklaw
Moderator
It Depends!
This does not make any sense at all and I think you have misunderstood the information given by your attorney completely and you should check back with him for clarification.
First of all, you cannot be made to plead guilty twice for the same crime and there is no ands, ifs, or buts about it, so you will either plead guilty to a charge of Petit Larceny or to Disorderly Conduct, and that is it. There is no going back to court a second time on the same charge.
Also, whether you do10 days of community service or 100 days, and are ordered to pay a fine of $10,000 instead of $200, the criminal charge against you will not be dropped; it is a legally and procedurally not possible. It is possible however to have the record expunged but that cannot happen either until completion of the probation period which you are going to be placed on by the court, and the period of probation for a Class A misdemeanor in New York happens to be 3 years long.
As to how this will affect your immigration status; well, a non U.S. citizen alien who is convicted of a crime is said to be "Removable" from the United States. Such an alien will more likely than not be arrested by I.C.E. agents and placed in detention where "Removal Proceedings" against him will commence. But an alien with no drug-related convictions and whose misdemeanor conviction(s) do not amount to an "Aggravated Felony" under immigration law, is by statute eligible for an Immigration Bond and can apply to the immigration court for Cancellation of Removal.
I am sorry, but you asked and it is important that you know what will be coming down the pike so at least you can plan ahead for it and be prepared. You really need to talk to an Immigration attorney more than a criminal defense attorney as soon as possible
fredrikklaw
This does not make any sense at all and I think you have misunderstood the information given by your attorney completely and you should check back with him for clarification.
First of all, you cannot be made to plead guilty twice for the same crime and there is no ands, ifs, or buts about it, so you will either plead guilty to a charge of Petit Larceny or to Disorderly Conduct, and that is it. There is no going back to court a second time on the same charge.
Also, whether you do10 days of community service or 100 days, and are ordered to pay a fine of $10,000 instead of $200, the criminal charge against you will not be dropped; it is a legally and procedurally not possible. It is possible however to have the record expunged but that cannot happen either until completion of the probation period which you are going to be placed on by the court, and the period of probation for a Class A misdemeanor in New York happens to be 3 years long.
As to how this will affect your immigration status; well, a non U.S. citizen alien who is convicted of a crime is said to be "Removable" from the United States. Such an alien will more likely than not be arrested by I.C.E. agents and placed in detention where "Removal Proceedings" against him will commence. But an alien with no drug-related convictions and whose misdemeanor conviction(s) do not amount to an "Aggravated Felony" under immigration law, is by statute eligible for an Immigration Bond and can apply to the immigration court for Cancellation of Removal.
I am sorry, but you asked and it is important that you know what will be coming down the pike so at least you can plan ahead for it and be prepared. You really need to talk to an Immigration attorney more than a criminal defense attorney as soon as possible
fredrikklaw
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I was arrested that night I saw the jugde and realease. My lawyer told me that bc I have no arrest or criminal record for a period of time of five years will not affect me with immigration. I was reading and I could ask her to get me acd or informal diversion bc of my clean record. I'm very confused now. Please help me to understand this
jacksgal
New Member
Does this Attoreny have any background in immigration issues? If not I sugest you talk to a Lawyer that does. Far as the shoplifting issues there is a link in my signature line that might help. Its a site just for these issues
she told me she spoke with her partner who handle immigration issues I would prefer Disorderly conduct from an immigration point of view or acd bc would not hurt me because of the CIMT one time exception..ACD is the better way to resolve the shoplifting case because it does not involve pleading guilty to an offense.. I also read about because I have a clean record and it's my first offense we may be able to get a prosecutor and a judge to agree to an informal diversion.
An informal diversion essentially avoids any kind of plea in exchange for another arrangement. and possibly some community service and fines. In exchange for this agreement, the case is dropped without ever being prosecuted. Paid fines do some community service and theft classes. Try to avoid conviction.
Are u agree with this ?
An informal diversion essentially avoids any kind of plea in exchange for another arrangement. and possibly some community service and fines. In exchange for this agreement, the case is dropped without ever being prosecuted. Paid fines do some community service and theft classes. Try to avoid conviction.
Are u agree with this ?
jacksgal
New Member
Yes you are correct. Ask your Attorney if he can arrange this
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