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PC 484 shoplifting misdemeanor will repatriate F-1 foreign student ? Shoplifting, Larceny, Robbery, Theft

Discussion in 'Criminal Charges' started by puppy365, May 9, 2014.

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  1. puppy365

    puppy365 Law Topic Starter New Member

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    I'm a foreign student with F-1 visa here in one university of Los Angeles, I was charged by a shoplifting misdemeanor with ~$3800. I've claimed no guilty on the court, and D.A. said they can give me an offer PC 484 in light of my clean history, they said they are willing to reduce from a grand theft to a petty theft.

    My I know will this repatriate me or effect my F-1 visa status if I take this offer? All I want is finish my study here and get the diploma.

    Thanks a lot for your answers.
     
  2. army judge

    army judge Super Moderator

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    Before you take ANY plea deal, you need to consult with a criminal defense attorney in CA.
    You should also see an immigration attorney AFTER your PC 484 has been addressed.

    Taking goods valued at almost $4,000 isn't automatically a misdemeanor.
    You were charged and arrested for a felony.

    http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=484-502.9

    http://www.shouselaw.com/petty-theft.html

    http://www.wklaw.com/areas-theft.html

    It can be pled to a misdemeanor, but even a plea to a misdemeanor can have very detrimental effects on many aspects of your life.

    If you have already retained a criminal defense attorney (or had one a puoic defender appointed to represent you by the court), speak ONLY to that individual.

    Bottom line - you are in a bit of a very hot situation.

    Speak ONLY to a lawyer, YOUR lawyer.

    No what if this, what if that, but for that; just stop blabbing and see a licensed CA attorney, or consult with the one that you retained to represent you.
     
    Last edited: May 9, 2014
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  3. shrinkmaster

    shrinkmaster Well-Known Member

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    The only thing that even holds the slightest chance to save your status here is ACD or Diversion. However with original charge being a felony that is likely off the table. As instructed contact an Attorney see if there is a means to protect your stay here. I had a client I was consulting who I once instructed to take and complete the NASP (non profit group) Anti Shoplifting course and take proof to court. He did and Judge was so pleased he dismissed the case on the spot. You can find the course on their website www.shopliftingprevention.org if you have any questions contact me and I will give you contact info to their Director (a friend of mine) she can answer all your questions
     
  4. puppy365

    puppy365 Law Topic Starter New Member

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    Heartfelt thx for your help and advises.

    I got a public defender already. But I checked the court files that I was charged for misdemeanor indeed, not felony.

    I found this paragraph on the handbook for international student when I entered my university:" Some international student fear that if they are convicted--or even accused--of a violation of any law they will automatically be deported immediately. That is not true. In most cases, conviction of a single misdemeanor or minor offense will have no effect on a student's immigration status. Conviction of more serious offence, however, can result in deportation. For example, if a student is convicted of petty theft, disturbing the peace, drunkenness, or a similar minor offense, it will not affect his immigration status. He can be deported, however, if convicted of a crime involving moral turpitude for which he is sentenced to at least one year in confinement. Immigration law also deals harshly with non-citizens convicted of any drug crime..."
     

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