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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Hi Experts, I am posting this question for a friend. My friend

Resolved Question:

Hi Experts,
I am posting this question for a friend. My friend was at shopping with this family and Mother in law at a local clothing store and got intercepted for shop lifting. She was

charged with Petty Theft 1st degree and in jail for close to 12 hours , before my friend bailed her out. She is currently here on a visitor visa , and her current entry is valid

from Oct 1.2010 to Apr 1.2010. Her visa is valid for 10 years.

Questions:
1. What is the turn around time for the hearing of this case at a local court ? They live in FL state.
2. If she pleads guilty , what charges can she face ? What are the immigration consequences on her visa ? Will she be deported or will it affect reentry only?
3. If he hires a criminal attorney , what are the chances the case can be dismissed ?
4. My friend is on H1b , and bailed her MIL out. Will he faces any criminal charges too ?

Thanks
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

Hi

 

Petty Theft 1st degree carries a possible penalty of 1 year and/or $1000 fine. It is a first degree misdemeanor

 

As such, immigration would not be concerned with deportation, though it could hinder re-entry.

 

Having the matter dismissed will depend on what evidence there is. It is possible that probation would be the sentence, with a fine. A local attorney or Public Defender is beneficial since there is a possible jail sentence

 

 

Samuel II and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.

Hi,

Thanks for your response. When you mean "Probation" what does it mean ? Does it mean that she legally tells the court that she will not induldge in criminal activity for "x" amount of time ?

 

Her visa is until April 2010. Not sure , if this could pose a issue also if the court doesnt close her case by April 2010.

 

 

Expert:  Samuel II replied 6 years ago.

Hi

 

Probation means she will need to report to a probation agent at least once a week. She will need to show that she is in school and/or employed, will be randomly tested for drugs and participate in community service

 

As a misdemeanor, she will not be deported for the crime. I cannot comment on what happens once her Visa expires as I am not an immigration expert. You can repost immigration questions in that category