Shoplifting, Larceny, Robbery, Theft Shoplifting ($150) - Complicated, need advice

[fordgt]

Hello,

My wife is LPR (lawful permanent resident) and I am not a usa redident or citizen.

My wife is comming back to my country in 2 days and today on a stupid move she has arrested for shop lifting for $159 silver chain.

The police have come and made her a file and said that her court will be in augost. Police man has said that she should go to court and change the date because she is not usa in august.

Since she is comming back in 48 hours I really do not know what to do... Please help...

This is her first time and I already give her so much money about $17000 cash and $3500 each month but she is not an employee. She had also $400 cash in her bag when they catch her. I really do not know why she did this and i am sure she wont do it again since she is so scared.

But, as always, this has happend and I should fix this. Any idea?

Please please help as fast as possible since i am not in USA i really can not do anything physically.

If this is going to have a penalty how much would it be and how much a lawyer will get to do the rest and nothing bad happens?

 

[NYClex]

Hm, let me say a few things:

First the legal aspect:
Since you did not write in what state the crime happened, I can only give you very general ideas of what might happen: she will probably be charged with a misdemeanor, that means she will face an absolute maximum of one year in jail, but she very probably will not have to go to jail but will have to do some other kind of penalty like community service or similar.

Now, being a LPR such a crime can have more serious consequences: it is a crime of moral turpitude and can lead to deportation and inadmissibility in the future, in other words, she could be kicked out of the country and be barred ever from returning to the U.S.

Immigration Law gives one a single exception: if this is the first and only crime and the maximum sentence is not more than a year and the actual sentence not more than 6 months in jail it will not lead to deportation.

But in the future that exception would not work, since it only works for a first conviction. In the future being convicted for stealing even only one dollar would get her deported.

So there are a few thing you seriously should think about:

First, there is nothing you can do directly. It is her who must get an understanding of the seriousness of such a conduct. Shoplifting as a foreigner is not to be taken lightly. It seems she did not really need to do it since she had enough money to buy what she wanted.

Second, she should consult an attorney who not only does criminal defense, but also knows his way around immigration law and the consequences of criminal acts for immigration status. Not all criminal defense attorneys are experts in this, but she should look for one who is. This attorney probably can find ways to deal with the prosecutor that result in having no conviction on record for immigration purposes. This might cost a couple of thousand dollars but that is the price you pay for being a criminal.

 

[fordgt]

Hello NYClex,

Thank you so much for your reply.

The state is CA and the shop is Robinsons and she is 23.

Can't we pay couple of thousands to Robinsons so they dismiss the charge? Something like they get back their press charges. (Sorry for my english)

The only problem is that she is comming back in about 5 hours. So, She should get another ticket (about $3000) to be able to be presented at the court room in augost. Can an attorney be on the court on behalf of her?

I know this is a serious crime and I am so religious and very strict about these things. I have spoken with her and I know her for over 4 years now and this is the only thing that has happen in these years. She even offered me to get divorced and she does not want a penny. But I am sure this is her last time for any crime in any country.

I am sure she has learned her lesson and I am going to help her, does not matter how much it costs but I am not sure how I can do this.

 

[fordgt]

Thank you so much,

We found an attorney with Immigration and Criminals. They get a $2500 flat fee for appearing in the court and do all legal things.

They said we should pay $5000 fine for this crime.

Total of $7500. Totally not worth it, about 50 times more than a $150 merchandise and about 3 months full work payment. She could buy 50 of these silver chains for this price

I do not know why people do strange things sometimes, if they only think twice...

Thank you all who read this thread...

 

[NYClex]

you are welcome and good luck