Selling Beer Or An Alcoholic Beverage To A Minor
I am an immigrant student (Masters) and unfortunately got a misdemeanor citation of ‘Underage sale in TN’ under TCA 57.5.301. I was caught in a sting operation by an undercover cop for underage sale. I checked the ID, but miscalculated (i.e. month, as the year was 1986).
I spoke to lawyer and I think I have two options:
1. plead guilty and get deferred sentence or
2. Go on trial
I am not able to decide and need second expert opinion in this regard and as the decision is very critical for my future. I would be really grateful if you could give some insight on this:
1. If I go for deferred sentence, how would that affect my immigration status (as I would apply for change of status in future).
2. If I choose to go for trial and lose the case then would I be sentenced to jail (as this is the only offense I ever had) or there chances of getting deferred sentence.
3. Is the risk too high to go for trial rather than pleading guilty (which I think I am not)?
My overall worry is that how is thing going to affect my professional life when I start applying for jobs. Also how is that going to impact my immigration?
I would be indebted if you could advice me on this.
Re: Selling Beer Or An Alcoholic Beverage To A Minor
Talk to your lawyer about the possibility of a "no contest" plea. Your lawyer is also the person to speak to about the probable sentence if you plead "not guilty" and are later convicted at trial, as well as your chances of aquittal. As I understand the charge it is a Class A misdemeanor, punishable by "not greater than eleven (11) months twenty-nine days (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute". Tennessee Code § 40-35-111(e)(1).
Any time you are arrested, and moreso if you are convicted of an offense, you put your immigration status at risk. A deferred sentence will help for most purposes, as you won't be convicted if you complete your probation, but the USCIS may still view it as a conviction for immigration purposes. If I am correct about the penalty it shouldn't be a per se disqualification to immigration, but would still be something for the USCIS to consider in association with any visa applications.