Criminal Law Need advice regarding plea bargain an immigration consequences

[needofhelp]

I need some advice regarding my pending case and it's affect on naturalization process.. ,

I got cited for a Petty theft misdemeanour 484(a) pc. in california, total value of good around $200. I've been given a date of 10/26 to appear in court. I've retained a criminal lawyer to represent me but I need some advise on the immigration side and how this could affect my naturalization application or my current Green card. I applied for my citizenship just a month prior to this citation ( after waiting for 5 yrs after my green card) and since I have had a clean record till then I had nothing to declare on the n400 form.

I don't get to see the police records till the date of arraignment, i.e 10/26 . I intend to plead "Not guilty" and my attorney mentioned that would push the case out at least till Jan of next year.

This may be too early to say anything reg. the outcome since we don't even have the police records etc. But I need to understand what can we do to minimize a negative impact on my immigration status.

Can someone please advice on the following question

1. If we get into a plea bargain, what consequences could accepting a guilty plea to the following have on my pending citizenship application and/ or my Green card.

a) 484 petty theft ( what I was cited for)
b) 409.1 infraction
c) 602.5 trespass
d) Are there any other reduced charges for 484a (petty theft) that can be considered/ bargained for which would not impact my citizenship application/ minimize immigration consequences.

 

[mafioso]

Is this your first criminal offense or arrest? If not name all previous incidents and maximum possible sentences.
What is the maximum penalty for your theft offense?
Some counties could reduce it to disorderly conduct which does not have immigration consequences or even job consequences, renting,…etc.
Such a charge is a crime of moral turpitude which would lead to the denial or postponement of you time to get citizen, or even deportation depending on the maximum sentence.

 

[needofhelp]

Yes, this is my first offence / citation. I was cited in CA under 484 pc misdemeanor. Here is the what I've read reg. the sentence for this citation....."A misdemeanor violation of petty theft punishable up to 6 months in local jail and or a $1,000 fine plus mandatory penalty assessments and fees. "
How can I find out if my county even considers reducing the charges to anything less? any other suggestion/ tips would be very helpful

 

[mafioso]

Your maximum sentence makes you eligible for the petty offense exception for non US citizens. Each person has a onetime exception if the max sentence is less than a year and the sentence imposed is less than 6 months in jail. If you are innocent or based on the evidence you should fight it if possible. The consequences on future jobs, renting, and other things in society are huge. However, it can be sealed or expunged after you complete the sentence…..per your state's rules. Immigration considers a plea of any form an admission of guilt. Your lawyer would be able to fight to change the name of the charge. He would know if it is possible in that county to do that. He can always try and plead with DA even if he feels they would say no. But only the amount of evidence should determine if you fight the charges or not even if you feel you stole. If they have holes in their case, you can take advantage. Let your lawyer weigh your options………..You would have to inform immigration officer during your interview of the pending charge. That should be the first thing you tell them when next you meet them. They would probably suspend or reject your application until a finding of guilt or innocence once you inform them. The risk is not telling them could result in you getting in trouble if they find out. Sometimes, they might have check and seen you have a clean record and could get away with it since your background check has been done already………..But you never know and it is not worth the risk… Any outcome other than an acquittal would result in you waiting for five more years to be eligible to become a US citizen. All counties can reduce charges, but not all change the name of the charge..........

 

[mafioso]

Oh, there is also differed adjudication if there is enough evidence to convict you. It is for first time offenders….. It involves a plea deal which would result in you saying you were never convicted on of the offense. But employers would see the information about it in a background check unless it is sealed or expunged per you state laws. It involves probation after which the charge would be dismissed.

 

[needofhelp]

Hi Mafioso, Thanks a lot for your response and the details that you have provided. I have a few questions regarding your response.

When you say " Immigration considers a plea of any form an admission of guilt." Does that mean even if the name of the charge was reduced to Disorderly conduct… and I was convicted with that charge… from immigration perspective, I'm guilty of petty theft, i.e CMIT…?

When you say " Any outcome other than an acquittal would result in you waiting for five more years to be eligible to become a US citizen."
Does that mean from naturalization perspective, unless the case is dismissed, any outcome like.. reducing/ changing the charge to trespass/ DC would not matter , and I would still have to wait for 5 more years before applying for citizenship?

So if I get the differed adjudication deal, then does that mean I'm not convicted? How does immigration view that ? Would that still affect my naturalization process..?

Also when I go for the naturalization interview process I absolutely intend to give all the details during my interview process.

Thanks again.

 

[mafioso]

When you say " Immigration considers a plea of any form an admission of guilt." Does that mean even if the name of the charge was reduced to Disorderly conduct… and I was convicted with that charge… from immigration perspective, I'm guilty of petty theft, i.e CMIT…?

No, it means you are guilty of disorderly conduct not petty theft. But the difference is the fact that disorderly conduct is not a crime involving moral turpitude (CIMT) so it should not affect your status or stay here. CIMT can lead to deportation if it does not meet the petty offense exception I described earlier. Disorderly conduct (DC) does not affect immigration status………it is not considered "criminal per say" in most cases……..it is view as an infraction like a traffic ticket. So that makes a big difference…..However even thought the court papers would be viewed by immigration, but you never plead guilty to theft. It keeps theft off the table which is very important.

When you say "Any outcome other than an acquittal would result in you waiting for five more years to be eligible to become a US citizen."
Does that mean from naturalization perspective, unless the case is dismissed, any outcome like.. Reducing/ changing the charge to trespass/ DC would not matter and I would still have to wait for 5 more years before applying for citizenship?

It would be preferable you wait instead if risking denial………..Naturalization these days could run you $2000 if you use a lawyer. One condition for citizenship is good moral character over the past five years. Making a plea for any charge would still constitute lack of good moral character. You must stay free from any crime for five years to qualify. You can try but it would be risky. Most people get denied and have to wait.

So if I get the differed adjudication deal, then does that mean I'm not convicted? How does immigration view that ? Would that still affect my naturalization process..?

It means you are not convicted (everyone else) but in immigration law (the only exception) you are convicted. So it would affect immigration….. So you would have to wait five years.

Also when I go for the naturalization interview process I absolutely intend to give all the details during my interview process.
Yes, do that. But given you charge, don't go without and immigration lawyer. Very IMPORTANT!