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Can I avoid a conviction in my record, I am a non-immigrant
Anonymous6 views7 answers
I recently got caught shoplifting at a popular retail store, however I think I was set up from the beginning. I entered the store and started selecting clothing that were on sale for my brother I went in there with all intentions to pay. As I was selecting the items, my arms had no more room to pick up anything else so I asked cashier if I could get a shopping bag, he tried to hand me a bag the store gives when you've purchased something, " I said no, not that one, one in which I can walk around the store with" he said they had none and I walked away. I continued with my shopping, I had a old grocery bag on my person and decided to use it as the holder (I assumed since it was old, they couldn't possibly think I would try and conceal anything with it. I went to the exit, and LP arrested me
At this stage , you need to retain the legal services of an experienced criminal law attorney. If you are found innocent of the charges, the arrest will not impact your non-immigrant status.
If this is a first arrest you have a good shot at avoiding a conviction. However it is imperative that you consult an attorney to guide you in both the criminal aspect and the immigration aspect as well
Richard C. SouthardCriminal Defense AttorneyNew York, NY ·
It's not clear what you mean by "went to the exit"; you need to clarify that with your attorney. Your ability to avoid a criminal conviction depends on the value of the property they allege you were trying to steal, any prior criminal history and the skill and experience of your attorney. Investing money in an experienced criminal attorney may save you thousands of future immigration law fees. Other factors to consider are whether there was store surveillance and did you sign any papers that loss prevention asked you to sign.
Your actions, as you describe them could be seen as trying to hid items and attempting to leave the store without paying. I would suggest that you consult with an attorney and work together to get the best possible result.
If you win, then you won’t have a conviction. If you lose, then you’ll have a conviction on your record. Being a non-immigrant doesn’t make a difference.
James H.L. BrownImmigration AttorneyLong Island City, NY ·
You need to find a criminal defense attorney who is knowledgeable about the immigration consequences of criminal convictions, or work with both a criminal defense attorney and immigration attorney. From an immigration perspective, a conviction for petit theft under New York criminal law will generally have much more serious consequences than a conviction for an alternative offense such as disorderly conduct, because petit theft in New York is a crime of moral turpitude under immigration law and disorderly conduct is not. Even the definition of "conviction" under New York law is different than the definition of conviction in the INA.
It is important that you seek counsel who are intimately familiar with both criminal law and immigration law to achieve the best possible outcome.
