Retail Fraud 3

I was caught for Shoplifting in Livonia Meijer on Friday. My charge sheet says ‘Retail Fraud 3’. The amount was roughly $140. I have not been able to do anything since that happened. I made a HUGE mistake and regret it big time. I have a good career and a job with one of the big firms.
This is my first offense of any type. Is there anything I can do to keep this out of my record? I plead not guilty then and now I am talking to some lawyers. I am to appear in court on March 10th?
Is there any chance that they would inform my employer about this?
I am a Green Card holder. Can I be deported because of this?
Is there even a possibility that I might be able to put this all behind me?
Thanks in advance for your response.

If this is your first time, you should always try to get accepted into some kind of a pre-trial diversion program. This way, you avoid a conviction altogether. But whether the prosecutor will offer that depends a lot on the nature of the case too.

If that doesn't work, your lawyer could plea bargain with the prosecutor to get you convicted of a lesser charge.

Since you are a noncitizen, make sure you avoid a charge that has a potential maximum sentence of one year. If not, the immigration can deport you. Ask your lawyer about the potential sentence of "Retail Fraud 3."

moviejim

Retail Fraud, 3rd Degree is a 93-day misdemeanor in Michigan. Still, theft offenses can be classified as crimes of moral turpitude, so it makes sense to discuss your situation with a lawyer familiar with immigration law, and if at all possible to work out a resolution which avoids conviction.

Under USC 1227:

(A) General crimes
(i) Crimes of moral turpitude Any alien who—
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed,
is deportable.

If the maximum sentence is 93 days, you should not be deportable even though you are convicted.

But do consult with an immigration lawyer. Immigration law is constantly changing. The recent introducton of Sensenbrenner's HR 4437, if passed, could mean dramatic changes in immigration law.

moviejim

Thanks for your response.
If I am not deportable under the statute does it also mean that they cannot deny me admission into the country based on this offense?

Secondly, is a pretrial diversion same as plea bargain? If I get a plea bargain for 1 year probation with no criminal record after that, will INS know that I was arrested/charged/convicted? Can they deport meon the premise that 1 year probation = 1 year jail time?

Inadmissibility is a different issue. Under USC 1182, you qualify for the following exception:

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Therefore, you will not be inadmissible for your theft conviction.

Plea bargain is the negotiation process.

If you are accepted into a diversion program, there will be no conviction and there will be no immigration consequences, but that is under the assumption that the program doesn't require you to plead guilty. Some programs require a guilty plea and if your program is structured that way, immigration counts that as a conviction!

Consult with an experienced immigration and criminal defense lawyer or if you are interested in discussing it further, send me a private message.

moviejim

Today I got a letter from the court which reads as follows:

"As of today's date, there has been no prosecution of the charges against you. Please bring this letter and your bond receipt to the Violations Bureau any Monday through Friday between 8:30 am and 4:30 pm to claim your bond refund."

Can you please tell me what this means? Is it normal to receive such a letter? Does it involve any action on my part?

It's quite unusual, actually, and suggests that Meijer somehow dropped the ball. It means that no charge was authorized against you from the shoplifting incident.

I called the court and they said that "the person" has not yet come forward with a charge so they need to return me the bond money.
The incident happened on 17th Feb, my arriagnment was for 10th March and the court said that I do not need to appear for the arraignment.
Do you guys know how long does the store has to file charges?
Can they decide to file charges after a few months and police come for me then?

It's possible that they would attempt to refile a charge; but in my experience that is very rare. (Granted, my experience is not in your state.)