Criminal Law Shoplifting and Visit/Immigration

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caram

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Dear Sir or Madam:

I am from Armenia. I live in Yerevan, Republic of Armenia capital. I was in Atlanta, Georgia in summer of 1998 and on July 6 I was arrested for shoplifting in Kmart. I was taken to Atlanta City Detention Center. Then a friend of mine on July 10 made a bail bond for about 1200$ and I was released from the jail. I had a court date assigned. When I went to the first court with my public defender, the decision was made to postpone my hearing to the State Court of Fulton County. I was assigned a State Court date. It was scheduled on February 4, 1999. But my visa expiration date was in October. I contacted the Council on International Educational Exchange, which was my Student Exchange Program Sponsor, and told them what happened. They told me that there is no way to extend my visa. I went to the State Court and ask the clerk for changing my court date, but they could not change it. I didn't know that I had to contact INS to extend my visa. So, at the end of October I went back to Armenia, which means I did not appear in court. In summer 1999 I again came to the US without any problems with the Embassy and INS and worked there until November and went back to Armenia again.

In October 2002 I have applied for a visa in the US Embassy, but my visa was rejected. They checked my name in the computer and told me that I was arrested in the US and did not appear in court that is why I will not be able to visit US during my whole life.

Here is all my personal information that I can provide you:

1. First Name: XXXXX

2. Last Name: XXXXXX

3. My Location: XXXXXXXXXX, Republic of Armenia

4. Date of Birth: April 12, 19XX

5. Social Security Number: XXX-XX-XXXX

6. Georgia ID and/or Driver's License Number: XXXXXXX (expired)

7. Date of Arrest: July 6, 1998

8. Place of Arrest: K Mart

K Mart
2581 Piedmont Rd NE Ste B2800
Atlanta, GA 30324
Phone (404) 261-XXXX

9. Jail details:

Department of Corrections
254 Peachtree Street, SW
Atlanta, Georgia 30303
Phone (404) 865-8001
Fax (404) 658-6064

10. City of Atlanta Case Number: XXXXXXX

11. Case Description: I was arrested for theft by shoplifting (misdemeanor amount) and my case was sent to Fulton County State Court

12. Bail Bond Number: XXXXXX

13. Bail Bond Amount: 1200$

14. Bail Bondsman: XXXXXXX

15. Bail Bondsman e-mail address: XXXXXXXXXX

16. Court details:

Fulton County State Court
Phone: (404) 730-5000
185 Central Ave SW
Atlanta, GA 30303

17. Court Case Number: XX-XX-XXXXXX

18. Scheduled court date: February 4, 1999

19. Judge name:

Chief Judge Albert L. Thompson
State Court of Fulton County
T3955 Justice Center Tower
185 Central Avenue, SW
Atlanta, GA 30303-3643

20. This is my first offence!

21. My passport details:

Type: P
Country Code: ARM
Passport No.: XXXXXXXXXXX
Nationality: Republic of Armenia
Date of Birth: 12 April 1972
Place of Birth: Republic of Armenia
Date of Issue: 21 Aug 1997
Date of Expiry: 21 Aug 2007
Authority: 006

22. E-mail address: XXXXXXX

23. Phone: +(374 1) 640 XXX (Home), +(374 9) 508 XXX (Cell)

24. Mailing address:

XXXXXXXXXX
XXXXXX, Armenia
375070


I have contacted several attorneys at Georgia Bar and found one that helped me.

Mr. XXXXXXXX
Age: 62
Attorney at Law
Georgia Bar Number XXXXXX
P. O. Box 52701
Atlanta, GA 30355-0701
Phone: 404-320-XXXX
Fax: 404-320-XXXXX
E-Mail: gXXXXXXXXXX@aol.com
Admit Date: 01/01/1971
Law School: University of North Carolina
Status: Active Member in Good Standing


He negotiated plea in absentia and I signed and sent the form below



In the State Court of Fulton County State of Georgia

State
vs.
XXXXXX Case No. XXXXXX

Plea In Absentia

I, the undersigned, hereby certify that I am the same XXXXXXXXn the above-stated case.
It is my understanding that a formal accusation was filed against me on October 19, 1998, that my case was on the calendar of Judge A. L. Thompson on February 4, 1999, and that since I failed to appear my bond was forfeited and a bench warrant was issued for my arrest.
I am advised by my attorney, XXXXXXXXXX, Georgia Bar Number XXXXXX, that I may be allowed to enter a plea in absentia through my attorney and that the sentence may be payment of a fine of $300.00 plus court costs of $60.00, a total of
$360.00.
I understand that this proposal is not necessarily binding upon the Court and that a fine of $1,000.00 and a jail sentence of up to twelve (12) months could be imposed.
I hereby authorize my attorney to enter a plea of guilty (and if permitted as a
first-offender) or if allowed a plea of nolo contendere to the foregoing charge and hereby waive my present accordingly.
My attorney has fully explained to me the following rights which I understand and which I waive:
1. The right to a trial with or without a jury;
2. The right to confront and cross examine witnesses.
3. The right to present witnesses and evidence in my behalf.
4. The right to examine all physical and documentary evidence.
5. The right to remain silent
6. The right to have free counsel appointed to represent me if I am indigent.
7. The right to appeal to a higher court except in certain limited circumstances.
8. The right to require the State to prove its case against me beyond a reasonable doubt.
I have not been threatened or promised anything in return for entering this plea
(except for the State's recommendation).
I understand that if the Court does not accept the State's recommendation that
my attorney is authorized to withdraw any plea entered pursuant hereto.

______________________________________
XXXXXXXXXXX

Sworn to and subscribed
before me this _____ day of
_______________, 2003.


_____________________________
NOTARY PUBLIC (Or equivalent
official under Armenian jurisdiction)



On March 20, 2003 I got Final Disposition on Misdemeanor Sentence in the State Court of Fulton County – Criminal Division

XXXXXXXX R-217722

Theft by Shoplifting

Plea: nolo contendere on A

It is considered ordered and adjudged by the court that the above named defendant on count:

Total owed to court $362.50 paid a fine and be confined for a period of 12 months

All sentences listed above are hereby reduced to time served:

Provided that the confinement specified shall be suspended on A




Later on November 7, 2003 I have applied for Arrest Record Expungement, but my request was denied.




Please, if it is possible, give answers to my questions:

1. Will I be allowed to visit or immigrate to the US in the future?
2. How will it affect my visit or immigration to the following countries: Canada, New Zealand, Australia and Europe?
3. How could you define my current situation: is it bad?
4. Will my situation influence future employment?


Thank you in advance.


Sincerely,

XXXXXXX
 
First of all, you should not post personal information on the internet, where anyone can see it and abuse it!

Second, we cannot tell you here how this will affect your immigration chances in the whole world, since this forum mainly is concerned with the laws of the United States of America.

Third, your employment chances surely will be lowered since you have been convicted for a theft crime. Many employers do not like that. But it is up to the individual employer.

Fourth, now to your immigration problems in tne United States: Your were lucky that you were allowed in once after you failed to appear, but this happened obviously because at that time the embassy and the border checkpoint did not check your past properly. Nowadays, as you have noticed, they do check crimnial records much more thoroughly.

Under immigration law criminals are inadmissible, that means they cannot get a visa and they will not be let into the country. That is why you were refused the visa.

Now you have cleaned up this outstanding charge. But you still have a criminal record. Under immigration law you still are not admissible if you have been convicted for a crime of moral turpitude.

Now theft is a crime of moral turpitude. A plea of nolo contendere followed by an adjudication is a conviction. So, for immigration law purposes, you have been convicted of a crime of moral turpitude.

There is one exception in the code which might apply to you:

II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Now I read in your posting above that you have been convicted to 12 months confinement. If this is correct, it would make you ineligible for the exception, regardless of the fact that the sentence then was reduced to the fine paid.

You might want to have an experienced immigration attorney clarify this by evaluating all your court documents.

Otherwise there is no possibility to obtain admission to the US except for very rare waivers issued by the Attorney General.
 
Very similar case of Shoplifting...need some help..

I need some advice about not showing up in court 17 years ago for shoplifting in GA.

I was on a tourist visa in 1990 and because I was stupid at that time I was arrested for shoplifting (something less than $100). I was arrested and payed a fine to get out fo jail. The problem is that my visa was expiring in the coming days so I had to leave the country and never heard anything back form that case, did not now if I had to go to court, ectcetera. 10 years later I got a visa to the US and that think never showed up. But now 17 years later I'm amplying for an immigrant visa while here in the US through my mother that is US citizen but in my last immigration interview I was told this shoplifting is in my record and that I have to show them the police report and the court desicion. I contated the police station that arrested me (Lawrecenville) and they said they don't keep records that old, I called the city hall and they said I'm not in the system. What should I do? How can I get info about my case?
I need to take care of this issue ASAP otherwise I facxew deportation and my whoe family is here? That was my first and last crime. I'm a good citizen, been living here for 10 years and not even have got a car ticket.......


Can u guys recomned a good lawyer??
 
-What do their documents say the disposition of the case was? Does it say you escaped or what?
-What was the maximum penalty under the theft crime you were charged with?
-Have you run a background check on your name from your state? What does it say?
Your background check should tell you more about the disposition of your case....
You don't pay a fine to get out of jail, you post a bond. So you have to remember if you paid a fine for the theft citation or just posted bond and never showed up on your court date.
-Did you go to the court house and talk to the county clerk? Don't call, go there!
-Did the immigration officer tell you, you are not eligible based on your crime or what? Tell me exactly what she said?
-Did she say you did not follow your case till the end?
-How old were you when this incident happened?
-Did you admit to the crime on your visa application forms and change of status forms?
-Did you inform the immigration officer of your crime before she talked to you about it? Did you admit to it on the forms?
Go to your states DPS website and order your criminal history. You can order the FBI record which is what immigration uses......visit their website.
If you did not appear in court, they would probably not give you a green card. You might not qualify for a waiver……..depending on your answers to the above questions. Try answering "ALL" these questions above for more accurate answers. Shoplifting(CIMT) of under 100$ falls under the petty crime exception in most states. But you have to find out if you settled crime after posting bond or did you pay the citation ticket. If you paid the fine, you would be okay. You would just need an immigration lawyer to settle it………..explain to them, or get the case taken care of if it still exist. In what state and city do you need a lawyer?
 
This happened in Lawrenceville, Georgia and I was 33 years old.
When this happened I did not speak any english at all so I don't know what they said in the report and I left the country a couple of days after that happened. What I do remember is that I paid ~300 dollars and they let me out. I don't have any document of the case. I forgot to tell you that I was with a friend and both of us got arrested, she was a us resident and I remember she went to court, so I guess the money I paid was probably a bond. I lost touch with her and never went to court or spoke to anyone.

The immigration agent did not say my case would be denay, she only said I need to bring her the full police report and the court decision (or something like that) in order for her to approve the case. I called the police station we were taken to get the police report but they said they don't keep files 10 years or older, so I ordered a complete criminal history report at the Georgia Crime Information Center ( there are a lot of websites that sell you criminal records but I don't trsut that.....are they trsutable?).

I did not appeared in court because that would have required for me to violate immigration laws, can I argue this in case I have to court?

I live in Florida but probably need an attorney in GA? Do you know how can I find one for a low-income peroson like me? (I have paid a lot of money for immigration fees already!!!!)



What do their documents say the disposition of the case was? Does it say you escaped or what?
-What was the maximum penalty under the theft crime you were charged with?
-Have you run a background check on your name from your state? What does it say?
Your background check should tell you more about the disposition of your case....
You don't pay a fine to get out of jail, you post a bond. So you have to remember if you paid a fine for the theft citation or just posted bond and never showed up on your court date.
-Did you go to the court house and talk to the county clerk? Don't call, go there!
-Did the immigration officer tell you, you are not eligible based on your crime or what? Tell me exactly what she said?
-Did she say you did not follow your case till the end?
-How old were you when this incident happened?
-Did you admit to the crime on your visa application forms and change of status forms?
-Did you inform the immigration officer of your crime before she talked to you about it? Did you admit to it on the forms?
Go to your states DPS website and order your criminal history. You can order the FBI record which is what immigration uses......visit their website.
If you did not appear in court, they would probably not give you a green card. You might not qualify for a waiver……..depending on your answers to the above questions. Try answering "ALL" these questions above for more accurate answers. Shoplifting(CIMT) of under 100$ falls under the petty crime exception in most states. But you have to find out if you settled crime after posting bond or did you pay the citation ticket. If you paid the fine, you would be okay. You would just need an immigration lawyer to settle it………..explain to them, or get the case taken care of if it still exist. In what state and city do you need a lawyer?[/QUOTE]
 
One more question Mafioso, If the police department does not have the records for this cirme how can it be taken to court then? Do they keep extra-copies of it somewhere else???
 
You need to do a background search through the states of Georgia's own website…………Most states DPS WebPages have links to it. You can also look at the FBI website on how to order theirs……..it cost I think 29$. The FBI never destroys any reports they have. They would be your best bet………..it might take up to 2 months to get it.
Your lawyer in GA will be best placed to know how to trace the disposition of the case with the county clerk. He would figure it out. If not, your immigration lawyer would file relevant petitions for such a scenario after getting necessary affidavits of lost disposition history. But what matters most is what your FBI disposition section of your record says. If it say you did not show up, your lawyer would have an up heel battle to resolve this given there are no records per your word. But sometimes the records show you escaped and the immigration officer just wants confirmation of possible error or to see if you fall within exceptions before denying or accepting your application. Police have standard procedures of clearing files after a long time………It varies from state to state…..Only your lawyers investigation and knowledge of GA law would help here. Talk to an immigration law ASAP, and GA criminal lawyer for a free consultation to evaluate what you can do. Most lawyers would give you a free initial consultation. You can search for lawyers in GA online……….call them and talk to them, get and free consultation and find one who is a good fit for you.
 
Thanks for your time and advise. Today I called the justice and administration center in GA and they found my case and they say charges were dropped in 2000 (10 years after the incident). So I guess the case is closed...Is it? They told me these files are publicly available so I'm planning on going to GA and get a copy of it. This seems to me like great news because I don't have to go to court since there are no charges...Am I right???

Since the immigration agent told me to bring her the reports that is what I'm going to do, I hope she's happy with it an approve my case.
 
Don't go for your immigration interview without an immigration lawyer. The charges were dropped not because of lack of evidence, but because you evaded the justice system……ten years. That could be view as a second crime of moral turpitude after the theft which was the first one. Two crimes of moral turpitude makes a person deportable. The theft charge of $100 if you appeared in court would not have been enough to deny you immigration petition if you showed up in court. But disappearing and not trying to solve the problem even when you returned to the US, can cost you your GC. You might need a waiver under I-601 or section 212….criminal waiver. Talk to an immigration lawyer and hire one. Don't go alone, you would be ambushed.
 
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