Printable View
A relative got caught shoplifting for the 2nd time for under $60 (still within the 1st shoplifting probation period for under $50). I understand the fine is no more than $500, but I'm terrified for him is the "imprisonment for not more than 93 days" part. We will hire a local lawyer to defend him. How likely he will spend time in jail?
Thank you for your answer,
Khoa
It depends upon the County and judge. In some Michigan counties the courts are too busy and the jails too full for more than a few shoplifters to get jail time. In other counties, committing a crime while on probation is a path to almost certainly spending some time behind bars.
I have 2 other questions (after I made a few calls this morning):
1. We contacted the assigned public attorney (pa). He strongly recommended that we should also contact the immigration attorney for consultations, since my relative is only an U.S. resident (with green card). The pa said that if there is a chance he will be deported it, with that verdict... maybe then we should change the plead from guilty to not guilty and go to court. First of all, there is a police who wrote up the report, there is a person who caught my cousin at the store... what part of not guilty chance does my relative has??? I'm somewhat confused, these are minor misdemeanor charges... to be deported back to his homeland? Since he has a wife and kids who are U.S. citizens. Should I be worry about my relative be deported?
2. At first I was about to hire my attorney friend from 40 miles away to represent my relative to attend the pre-trail and does his best to reduce the sentences; but he advised me to go with the pa since the pa deals day-in day-out with the same judge. The pa would be our best bet. Our police friend said differently, he said if you can afford your own local attorney... hire one... he or she will try harder to get you the lighter sentences (whatever that might be). Let's say money isn't as much of an issue (it does, but let's say isn't)... who should I choose for my relative?
Thank you for your advices
Your relative should consult an immigration lawyer as instructed. Beyond that, it sounds like the public defender is more attuned to immigration issues than the other lawyer; but it's ultimately your relative's decision.
I just contacted the probation officer of my relative's first shoplifting, she told me that up to now (in her district court) INS only interests in more serious charges (if convicted) such as assault battery (spell?) and up. Otherwise INS doesn't ask for lower charges to be reported. Could the INS fishes for different level of charges in different areas/courts? If not, then why does the public defender (for the up coming pre-trail) raises such a big deal about deportation? After the public attorney found out my relative is married to an US-born citizen... he said it could change the whole outcome of the deportation (... might not be deported after all) I talked to the immigration attorney today, he said deportation is possible if convicted (but not 100% sure)... shouldn't this immigration attorney or the public defender could give the local district court a call to see if what type of convictions the INS is looking for?
here in canada, you can commit murder and not get deported. have your relative move here and add to our count of career criminals. maybe he'll add to the stench of the country's armpit (toronto).
It is possible that less crimes in Canada therefore the government is more tolerable. In the US especially after 9-11 things are getting very tight and INS laws are very murky. I told everyone in the family to behave with the laws period. Telling them is one thing, but a real scare some time is the best lesson. Toronto is a beautiful city. I wish every country with an armpit like that.
Having lived there for 18 years, I personally find it repulsive. Family is family, you have to do what you can to help them, but at some point the camels back will break. Truthfully, the government is so lenient on immigration because immigrants vote Liberal and that's the party that's been in power for a decade and a half. Canada has become lost in a realm of autocracy and it will get worse before the people fight back. This is coming from someone who is pro-establishment, not an anarchist or anything.