Criminal Law Need charge & sentencing opinion !

[golf131]

I was arrested and charged with 484 petty theft recently.

The latest offer from the prosecutor is to drop the 484 charge to a trespass charge and to impose a 18-months summary probation and some fines.

Questions:

1. There are a number of trespass charges in CA. Can anyone tell me which ones are not CIMT?

2. I have been told that if it is a CIMT, the sentence needs to be six months or less to be qualified for the petty offense exception. And if it is not a CIMT, the sentence needs to be less than one year to avoid being classified as an aggravated felony for immigration purposes. My question is do probationary periods count? Is a 18-month summary probation considered a 18-month sentence???

Husty and NYCLEX please help!

 

[rosewd]

1.

crimes involving moral turpitude (CIMT)

• Fraud or false pretenses in obtaining something of value
• Larceny or a misdemeanor theft by taking
• Larceny after trust
• Murder
• Soliciting for prostitutes
• Voluntary manslaughter
• Sale of narcotics or other illegal drugs
• Pattern of failure to file federal tax returns in years in which taxes are due
• Criminal Issuance of a bad check
• Making a false report of a crime

Not CIMT

• Public drunkenness
• Driving under the influence
• Carrying a concealed weapon
• Unlawful sale of liquor
• Fighting
• Simple Battery
• Simple Assault
• Misdemeanor criminal trespass
• Child abandonment
• Misdemeanor offense of escape
• Misdemeanor offense of obstructing a law enforcement officer
• The federal misdemeanor offense of Conspiracy in Restraint of Interstate Trade and
Commerce
• Possession of less than one ounce of marijuana
[This is taken from Handbook of Criminal Evidence by Davis, 2000 edition.]

http://www.gapsc.com/Professionalpractices/moral_turpitude.pdf

search "Crime of moral turpitude" on web, you will find more.


2. For immigration matters, they look at the "conviction", not a sentence. Once you are arrested and charged..you're on the record unless the charge is dismissed. (It does not matter whether you're sentenced for imprisonment/probation/paying a fine)

I CANNOT GURANTEE ABOUT AUTHENTICITY OF THIS CONTENT. IT COULD BE UPDATED OR MODIFIED. I am NOT a lawyer. I am just a guy like you.

 

[rosewd]

Here's another find. "Immigration consequences of criminal convictions"

http://www.criminalandimmigrationlaw.com/_imm_cons.asp

 

[alex8111]

I read the information provided above and it says that in California Prostitution is not really a CMT for the customer, but rather for the Prostitute – Since I have a solicitation conviction in California (first conviction ever) – Am I in the clear with regards to getting my green card? The process looks good for me and I simply fear the day I am about to receive my green card and they ask me if I have any convictions and I say yes and they arrest me.

In California, I think if it's a first time offence, the maximum sentence for solicitation of prostitution is 6 months, not 1 year. It is a misdemeanor…But if that information is true, it's not even a crime of moral turpitude but rather an petty offence…As my INS court date approaches, I am more and more nervous about this issue…I haven't told my lawyer yet because I don't want my family to know I was arrested (he is the family lawyer). Even tough the arrest was out of unfortunate circumstances, it does still affect my pride and dignity and if there is any way to keep it confidential, I would like to do so…Does everyone have to know or can I keep this between me and the INS only?