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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
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.

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 ?

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



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 4 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.


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.



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