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I was caught shoplifting for items $ 200-225 in Michigan. I was arrested and later released on bond, for which I paid $ 250. I am on a work visa here in United States and orginally from India. I wanted does this act make me liable to deportation ? I am acquiring services of an attorney for both my criminal defense and immgration.
Please let me know based on the previous experiences or knowledge what can happen ?
Since theft is a crime involving moral turpitude, you must avoid a charge that has a potential maximum sentence of one year (regardless of what the judge eventually imposes) , otherwise you are deportable.
This is my first criminal offense. Should I be pleading guilty or not guilty and what can I do to avoid deportation and ensure that this does not stay on my criminal record or affect in anyway my visa status.
In order to avoid a possible conviction on your record, it's generally a good idea to plead not guilty at your arraignment. This is done to give your lawyer or PD a chance to plea bargain with the prosecutor for delayed disposition, where you avoid a criminal conviction on your record, but still have to serve community service/pay fine.
I talked to my defense attorney who expertises in criminal defense and Immigration.
I was caught for shoplifting items worth $ 200-225 in Michigan and later released on bond of $ 250 on the same night. I have a court date on the 22 nd March. On the bond reciept, I have been charged on Retial fraud -2nd. This was my first criminal offense. I am on work visa.
My defense attorney assured that I wont be facing any jail sentence. Can I still get deported? Based on past experience and knowledge what would you say ?
Do I pleade guilty ? or not guilty ? I do not have anything to defend if I plead not guilty as all the evidence i.e. video tapes and items recovered from me point me at fault.
The way it works is you plead not guilty at the arriagnment. By doing that, your lawyer is buying some time to negotiate with the prosecutor. The prosecutor will then make you an offer saying if you agree to plead guilty, I will lower the charge, give you a lesser fine and so on. This is how it works. Yes, eventually, you will plead guilty unless you plan to go to trail to fight it to the end.
Like I said before, if your charge carries a maximum potential sentence of one year or more, and if you are convicted (even without any jail time imposed), you will become deportable.
If the charge has a one year potential sentence or more, you definitely should talk to your lawyer and try to negotiate it to something else.
moviejim
My friend is in similar situation as you. His incident hapened at Marshalls, Troy: $30 first time offence. He is not being offered a deferred sentence i.e. his conviction will stay on record, and fine and a probation - no jail. His is retail fraud - 3rd degree. Yours is retail fraud 2nd degree.
Where did your incident happened - where in Michigan? If not in Troy, you have good chances of getting a deferred sentence, which is not a conviction unless you commit another shoplift in probation period.