Caught Shoplifting Twice in the Same Week
My question involves criminal law for the state of: New York
Top offense charged : 155.25
She is permanent resident , meaning she have a green card.
My mother got caught shoplifting twice in the same week , the first time happened in uniqlo , where she cut for stealing underwear , they took her to the police station and she was release after i brought her papers. She was giving a court date : August 19 - 2014 . Today i another call from the police station , after i brought the papers she was released and giving another court date for :agust/14/2014. The charges were again :155.25 . My mother is 45 , she is a very good mother , please don't judge , she made stupid mistakes. This is the first time she ever committed a crime. Can she face jail time? because is the twice within a weeks? , should i get a lawyer? , Could she just face community service?..d
Re: Got Caught Shoplifting Twice in the Same Week.
A mistake is accidentally wearing odd shoes. Your mother made the deliberate choice to steal. Twice.
Yes, she needs a lawyer.
Re: Got Caught Shoplifting Twice in the Same Week.
What might be the consequences??
Re: Caught Shoplifting Twice in the Same Week
Yes, when somebody chooses to commit crimes there is a possibility that those crimes will result in a jail sentence. Is it likely if her record is otherwise clean? No, but it's possible.
If the charge is a Class A misdemeanor, carrying a sentence not to exceed one year in jail under Sec. 70.15 of the New York Penal Code, then it meets the threshold to be a removable offense. Even if the crimes do not trigger removal proceedings, they reflect poor moral character and would be relevant to your mother's display of good moral character during the five years preceding a petition for naturalization. A criminal history can also trigger review upon an attempt to reenter the United States after international travel. It's also going to be apparent to everybody involved that your mother has a much longer history of shoplifting, and simply had the misfortune of being caught twice over a short period of time.
Your mother should work with a criminal defense lawyer who is familiar with immigration law issues.