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  1. #1
    Join Date
    May 2008
    Posts
    5

    Default Green Card Holder Shoplifting In Texas

    My question involves criminal law for the state of: Collin County, Texas

    I accepted a shoplifting charge for $90 to save a very close person. Initially, the retailer accepted to be paid and let us go. They had a change of mind and then cops were called, I was arrested, photographed, fingerprinted, charged with class b misdemeanor and release on $500 bail. I was also forced to sign papers at the retailer security without given a chance to read what is written there.

    I need to get my court date established in the next 10 days. In the State of Texas, the punishment for this is either a max of $2000 fine or max 180 days jail or both.

    I've been in this country for 10.5 years now and I never had any other problems before this. I currently have my green card and will be attempting to file my citizenship next year:

    1) I know this is a CIMT, but this comes under the petty theft exemption. Can someone confirm this?

    2) Will I have any problems getting into the US POE from overseas trip due to this? I

    3) Does 2 CIMT's grounds for deportation?

    4) How does this affect my citizenship application?

    5) What are my choices to get this cleared. I'm pretty sure, that I need to plead not guilty to have any chance of a deferred adjudication deal. Can I try for some type of pre-trial diversion program and get this case dismissed?
    Should I try to get this reduced to a class c misdemeanor?

    6) Can I get this records sealed after the conclusion of my case?

    I'm really getting stressed out and your answers would be really appreciated.

    Does anyone from around Dallas, TX went through similar scenario and got things cleared. If so could you tell me who you used as your attorney?

  2. #2
    panther10758 Guest

    Default Re: Please Help.....

    You need an Attorney familar with both criminal law and imigration law. A mistake could effect your stay here

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Green Card Holder Shoplifting In Texas

    Quote Quoting rogerfrisco
    View Post
    1) I know this is a CIMT, but this comes under the petty theft exemption. Can someone confirm this?
    From what you say, it may be classified under the petty offense exception.
    Quote Quoting rogerfrisco
    2) Will I have any problems getting into the US POE from overseas trip due to this?
    Maybe.
    Quote Quoting rogerfrisco
    3) Does 2 CIMT's grounds for deportation?
    It can be. But you say this is your first offense, so if you stop stealing you should be okay.
    Quote Quoting rogerfrisco
    4) How does this affect my citizenship application?
    You'll find out when you apply. If it truly is your only offense, it probably won't prevent naturalization, but we're not psychics and cannot predict the future.
    Quote Quoting rogerfrisco
    5) What are my choices to get this cleared. I'm pretty sure, that I need to plead not guilty to have any chance of a deferred adjudication deal. Can I try for some type of pre-trial diversion program and get this case dismissed?
    Work that out with your criminal defense lawyer.
    Quote Quoting rogerfrisco
    Should I try to get this reduced to a class c misdemeanor?
    You should seek the best outcome you can get. Talk to your criminal defense lawyer.
    Quote Quoting rogerfrisco
    6) Can I get this records sealed after the conclusion of my case?
    It depends upon the outcome, but sealing (following your waiting period) won't make any difference to the USCIS.

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