Accused of Shoplifting Groceries

Hi Panther, could you give me more idea about the 'disposition' mentioned by aaron and how the visa is relevant to it

These are things to discuss with a qualified Attorney who knows both criminal law and imigration law

HI, when I go to the court as scheduled. Do I need to bring some amount of money to pay for additional bail or bail bond? I once bail myself but i wonder I have to do it again in the court or not. how much should I prepare for?

hi again may i ask you for one more question

i found out that in hawaii state law

"§708-833.5 Shoplifting. A person convicted of committing the offense of shoplifting as defined in section 708-830 shall be sentenced as follows:

(1) In cases involving property the value or aggregate value of which exceeds $300: as a class C felony, provided that the minimum fine shall be four times the value or aggregate value involved;

(2) In cases involving property the value or aggregate value of which exceeds $100: as a misdemeanor, provided that the minimum fine shall be three times the value or aggregate value involved;

(3) In cases involving property the value or aggregate value of which is $100 or less: as a petty misdemeanor, provided that the minimum fine shall be twice the value or aggregate value involved"


then in another section

[§663A-2] Damages and penalties. (a) Any person who takes possession of any merchandise displayed or offered for sale by any mercantile establishment without the consent of the owner and with the intention of converting such merchandise to the individual's own use without having paid the purchase price thereof, who alters the price indicia of such merchandise, or who takes any other action that constitutes the offense of shoplifting, shall be civilly liable to the owner of the mercantile establishment for either:

(1) Actual damages and a civil penalty of $75, if a written demand is made pursuant to subsection (e), for the actual damages and this civil penalty; or

(2) Actual damages, a civil penalty of $75, and an additional civil penalty of not less than $50 nor more than $500, to recover the costs and expenses of bringing a civil suit, as determined by the court.

Since my case is about sausage (12$), can it be said that my case is
petty misdemeanor and i will be fined rather than imprisonment?

The likilhood of jail on and misdemeanor shoplift (1st offense) is very slim

Quote:

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Quoting panther10758

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Its a grocery store of course you can and I think you knew that.

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Not all ATM cards are debit cards.

Hi I have more problem to ask. I discuss my problem with my attorney and he said his suggestion on criminal aspect is to have the no conviction and get me into the deferral program. However, another attorney told me that he could contact the store manager / the prosecutor to have the case dismiss. My question is is it possible to do that? Any helpful?

I recognize that this is about criminal law and it is not about the store manager anymore. Even if my attorney can settle something with the manager, the case is still in the court, and the ball is in the presecutor's side, not the store. Am I right on this? This then means further negotiation/ settlement with the store manager provides nothing for me in the domain of criminal law?

Another question is about immigration law. If I get into the deferral, am I still eligible to come back to this country? I read from many places that the record will be with me for long. And it does totally depend on the immigration officer at the port of entry to allow me to get into the country or not. I also heard that even with the deferral, the condition of criminal record shall legally allow the immigratino officer at the airport to refuse to let me back to the U.S. soil

Am I right about everything? If I say something wrong, please clarify. THank you very much

I have no way of knowing if the prosecutor would agree to dismiss the charges. I doubt that it would happen over the objection of the store.

There are circumstances in relation to immigration where you can be asked about encounters with the police and criminal charges. Obviously, that information can weigh against you. Absent a conviction (or a deferral premised on a guilty plea, which may be treated as a conviction by the USCIS) I doubt that the impact on your immigration status would be significant, but I don't pretend that I can predict the future.

Hi Mr.Knowitall. Am I right to assume from you that seems like everything about the immigration at the port of entry depends on the fortune