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  1. #1
    Join Date
    Nov 2010
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    7

    Default Illegal Alien Shoplifting

    My question involves criminal law for the state of: California

    Hi. I wanted to ask you guys about a situation my friend got into recently.

    First off she is an illegal alien in this country and of age over 21(i was not sure if I should post in this forum or the immigration one). She was at a store and while shopping, and by accident she put a very small value item into her pocket. She paid for the rest of her stuff but just forgot about this 1 item. When she walked out, security approached her and asked her to come to the back. Security tried to break her with harsh interrogation for some reason and a police officer was there. Of course she has no identification she can show so she said she has none to the cop. The cop tried to run her name in the system but nothing showed up. At the end, the store employees/cop took down her information (phone number, address, etc...) and said they will mail her a fine. She was free to leave.

    Now I am just wondering if she has anything to worry about in terms of immigration status. Will the cop probe into that at all? Will she have to appear in court when they said she will be receiving a letter to pay a fine in the mail? This is her first offence and any run in with the law. She is just really scared on what can happen.

  2. #2
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,569

    Default Re: Illegal Alien Shoplifting

    Your friend needs to run, not walk, to the nearest Immigration Lawyer. TODAY not tomorrow.

    Your friend faces deportation as it is.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    75,912

    Default Re: Illegal Alien Shoplifting

    By "illegal alien" you apparently mean somebody who entered the country illegally. Such a person is subject to deportation at any time.

    The criminal justice system doesn't ordinarily investigate somebody's immigration status, but as your friend apparently has no ID I can't promise that their search for some confirmation of her claimed name and address won't trigger something.

    If all she gets is a civil demand in the mail, that's all she gets. If she gets a summons to go to court, then she has to go to court.

  4. #4
    Join Date
    Nov 2010
    Posts
    7

    Default Re: Illegal Alien Shoplifting

    I forgot to mention that she lives in a "Sanctuary" city... When asked for ID or SSN, she said she did not have it on her and that she could not remember the number off the top of her head.. She does have a valid SSN which she obtained a long time ago that she is not allowed to work with.

    So are you guys suggesting that go see a lawyer asap or wait for the letter in the mail and see what it says. If its just a fine, I think it should be ok right?

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,569

    Default Re: Illegal Alien Shoplifting

    Your friend needs to call an Immigration Attorney first thing in the morning. Your friend is facing criminal charges....and deportation....

    YOU....you know your friend is Illegal. Guess what...YOU may face criminal charges for that. Because of that, you really should also see a lawyer....

  6. #6
    Join Date
    Nov 2010
    Posts
    7

    Default Re: Illegal Alien Shoplifting

    We talked to a lawyer. I've found many threads relating to the store in question. What they end up doing is writing up a civil demand letter. The lawyer said that if the cop didn't write up any report, there most likely wont be any criminal charges. All the store made her do was sign some papers with some personal information. No copy of that was given to her so the lawyer is assuming the cop doesn't have much in this. The lawyer said just wait for the letter to come in the mail and then see what do from there.

    PandorasBox, I'm just wondering why you think we should see an immigration attorney asap? I just want to know your reasonings in relation to this specific situation. If the cop was going to charge her, he would've given her a fine or arrested her right there and then. And if he did fine her, he would've given a written report of the charge to her. None of that happened so that is why the lawyer I talked to is thinking that most likely nothing will happen.

    Also, the lawyer said that she doesn't think the local city police and ICE share information so there is no way for the cop to check up on the immigration status. Not sure if that is true, maybe someone here knows.

  7. #7
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,569

    Default Re: Illegal Alien Shoplifting

    If your friend get a court date, the courts will require an ID, a Social Security Number. Not providing it...they can arrest her on site, investigate her, and then turn her over to Immigration authorities for Deportation.

    She needs to talk to an immigration lawyer to find out how this charge may affect her, if there is anything she can do to prevent the possibility of deportation.

  8. #8
    Join Date
    Sep 2010
    Posts
    10,335

    Default Re: Illegal Alien Shoplifting

    Sanctuary city means nothing to ICE, it just means the local government won't turn you in. If she wasn't arrested she's just back to rolling the dice. You do know that if she ever wants to become legal that all this is working against her. If she wants that, you should still consult a lawyer. Otherwise, it's unlikely barring charges being filed that ICE would pay anymore attention than usual.

  9. #9

    Default Re: Illegal Alien Shoplifting

    hi there i am also in the same situation exept there was no police involved.. it was a sears so i figured out they were gonna call the police ...i was paying a perfume , and by accident i had put a very small value item into my pocket. When she walked out, security approached me and asked me to come to the back. Security interrogated me. Of course i had my identification from mexico they asked me if i had any visa i said no but they still got the numbers on my mex.id i thaught they were gonna call the police but they dint, store employees/cop took down my information (phone number, address, etc...) and said they will mail her a fine. and that I was free to leave. I am wondering on what shall i do?? i have to appear in court when i receive the letter or pay a fine in the mail? This is also my first ..oh my god this is just really scary on what can happen.

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