How can I avoid a guilty plea? 13 Answers as of December 21, 2011
I was charged with petty theft 484/488 after exiting a store 8 weeks ago with two items worth about $25, concealed in a t-shirt. First offense, after living in the US for 16 years with a Green Card. Paid $250 restitution to the store. What will the DA and judge want from me? I'll do anything to avoid a guilty plea, which would sabotage my eventual US citizenship? Wondering what my chances are of diversion or trespass. Have been charged, but not yet arraigned.Free Case Evaluation by a Local Lawyer!
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Law Office of Martina Vigil | Martina A. Vigil
In some counties, a theft diversion program may be available. Successful completion of the program can result in a complete dismissal of criminal charges.
Answer Applies to: California
Replied: 12/21/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
For a petty theft it is possible to have it reduced to a trespass or to get an informal diversion. To do this your attorney would need to make a deal with the district attorney handling your case. This is not the type of disposition that a person can normally get without an attorney.
Answer Applies to: California
Replied: 12/20/2011
Law Office of Peter F. Goldscheider | Peter Goldscheider
You might be able to negotiated an infraction theft charge pursuant to Penal Code section 490.1. This would avoid a misdemeanor conviction and possible immigration consequences. With an attorney perhaps depending on the county and DA you have, perhaps even a better result could be achieved.
Answer Applies to: California
Replied: 12/20/2011
Law Office of Andrew Roberts | Andrew Stephen Roberts
Depending on the court this charge can be infracted or dismissed by completion of community service or payment of a fine.
Answer Applies to: California
Replied: 12/20/2011
Wise Law Group | Michael J. Wise, Esq
They should offered deferred entry of judgment for you.
Answer Applies to: California
Replied: 12/20/2011
Hammerschmidt Broughton Law | Mark A. Broughton
Most jurisdictions offer some form of a diversion program for first time petty theft offenders. If successfully completed, the charges are usually dismissed, which means that there is no conviction. They usually involve some classes and community service, payment of restitution if any, and some community service.
Answer Applies to: California
Replied: 12/20/2011
Law Offices of James H. Dippery, Jr. | James H. Dippery, Jr.
First, I am sorry about your problem with this charge. Second, in addition to an experienced criminal defense attorney you need to contact an experienced immigration attorney.
Answer Applies to: California
Replied: 12/20/2011
Law Offices of Matthew Murillo | Matthew Murillo
A petty theft won't hurt your naturalization. It is an offense that is specifically listed as an exception to the criminal bars.
Answer Applies to: California
Replied: 12/20/2011
Law Office of Jeff Yeh | Jeff Yeh
You better hire an experienced defense attorney ASAP, because with a petty theft on your record you can forget about obtaining your citizenship, not to mention obtain any meaningful employment for the next decade of your life. Without an attorney you have no chance.
Answer Applies to: California
Replied: 12/20/2011
Baughman & Wang | Justin X. Wang
A dismissal or diversion will leave no criminal record for immigration purposes. You should retain a good criminal lawyer to help you to achieve that goal. Guilty plea, even if for amisdemeanor, will make youineligiblefor citizenship for the next five years. If you ever get another conviction involving moral turpitude, you may be subject to removal.
Answer Applies to: California
Replied: 12/19/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
A trespass or a disturbing the peace charge can be a safe harbor since these offense are not crimes involving moral turpitude (CIMT). Of course you want to avoid having two CIMTs because it will render you deportable. You won't be eligible for citizenship with any crime for five years normally.
Answer Applies to: California
Replied: 12/19/2011
Robert Mortland | Law Office of Robert Mortland
Since the amount of theft is so low, you may be eligible for a 490.1 infraction but this depends if the DA is willing to offer this. A good attorney will negotiate something to keep this off your record but you may have to do community service or classes.
Answer Applies to: California
Replied: 12/19/2011
Law Office of Joe Dane | Joe Dane
Your best chances are with a good, local criminal defense attorney. Look for one that routinely practices in the court where your case will be heard. They will know the local procedures and what options you may have - including possible ways to avoid a conviction that will impact your immigration status. Be sure to discuss immigration issues with your attorney during your consultation so they know that is a primary issue for you.
Answer Applies to: California
Replied: 12/19/2011
