I am a restaurant and 2 more businesses owner and recently the ABC board during a routine compliance check found my TAMS card expired and cited me. I plead not guilty in court and my lawyer even the officer himself and various organizations relating to restaurants thought the DA would dismiss this minor case, note I have no previous record, not even a speeding ticket, nothing at all. I am also applying for my citizenship, have to go to the interview..The DA offered a plead guilty deal with a SIS
Country relating to Question: United States
State (if USA): Alaska
Ihave plead not guilty and my lawyer told me she would dismiss the case, the DA spoke supposedly with the ABC board investigators and they said that I signed a doc when I renewed my liquor license where I have sworn everyone was compliant at the restaurant..I had completely forgotten about renewing my TAMS card, it was in my wallet and had slipped my mind withall my business matters trying to keep the restaurant afloat, cooking/accounting/even dishwashing and cleaning duties from 8am to 12pmdai
Hello Jacustomer,You cannot make the DA dismiss a case if they do not want to. He has made you an offer that would lead to no conviction, and he appears to think that is good enough. If you have to plead guilty, however, and you are applying for citizenship, USCIS will consider that deal a conviction, which will affect your citizenship application.Sometimes, just by dragging a case out, will get you a better deal. If your lawyer thinks she can get you the dismissal, she might just need more time to negotiate a settlement. If she can't, an SIS is a good deal. But it will delay your citizenship, since USCIS will look back at your history for at least 5 years to see if you have good moral character.
My lawyer is telling me that this Misdemeanor sis for a year will not be in my record or it will not affect my citizenship application, you think I should contact an immigration lawyer and or go to jury trial?
Hi Anna Maria,It would be a good idea to talk to an immigration lawyer, but an SIS is a form of probation, and it does go on your record, for a year as a plea of guilty and a sentence to probation. At the end of the year if you have gotten in no further difficulty with the law, THEN, then the judge will suspend the imposition of sentence, so that there will be no conviction.You would be expected to disclose this plea (if you take the plea) to USCIS. Your failure to tell them about it would cause you to be deported for fraud.Once you disclose the plea, however, to USCIS, a plea of guilty is a plea of guilty. It's tough to explain to someone who doesn't know much about the criminal Justice sytsem, but some non-convictions, an SIS being one kind, still must be disclosed as a conviction under certain circumstances. Immigration dealings would be one type of circumstance.It is not so much of a problem that you would be deported or anything like that over this -- you'll be all right so long as you tell them about it when they ask you your history -- but you will likely be much delayed. I don't know that your answer is to try the case. From what you said, you simply forgot to renew your card, and with everything you had going on that may be a good excuse. But it's not a good legal defense. But given your circumstances I would not jump to plead guilty and take the SIS right now. The DA probably doesn't really want to try this case. I'd give your attorney time to see if you can get anything better, like the dismissal she thought she could get you in the first place. If you don't have to actually plead guilty to an offense, that's best for your situaton.FranL41104.8090443634
18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
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