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Is PC 602k a CIMT?

Is PC 602k a CIMT?
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Answered in 16 minutes by:
5/21/2013
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,675
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello,

For immigration purposes a criminal trespass is not generally a CIMT, but it can be depend upon the facts and circunstances of your case. For instance, if you were trespassing in order to be able to commit a CIMT on the property, the trespass could also be a CIMT. Given the charges that this would be reduced from, the intent to commit a crime of moral turpitude might be inferrable.

It's a better offer than a plea to the sections of the health and safety code you cited, but you need to go over the particular facts with a local immigration lawyer. My instincts tell me that an offer of a plea to a disorderly conduct rather than a trespass might be more favorable for you.
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Customer reply replied 4 years ago
well, I'm glad I asked! I've been told by several California Immigration lawyers that 'trespass' will work; 602k was suggested by the ADA. I researched an internet case that stated that trespass is conditional to the Record of Conviction and, in my case, that would include the 11358,59 and 60 charges brought against me in the Information stage of things. a
Hi Barry,

Sorry for the delay, but I turned in early last night.

One thing is certain, and that is that none of the H&S statutes under which you were charged will work. All of them would be deportable offenses.

Trespass, on the other hand may work out just fine. It's not in and of itself a crime of moral turpitude and this will work for you is going to be dependent upon the facts and circumstances of your case and what you are going to be required to allocate to when you take your plea.

I am not saying don't take this plea. I am saying check it out with a local immigration lawyer who can tell you what's happening in California as a result of such pleas and what to avoid. I think you'd be safer with a plea to a disorderly conduct if you can get it, but an immigration lawyer may have local case law indicating that the trespass won't hurt you, so long as you don't have to admit to any of the underlying circumstances to get your plea..

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,675
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 4 years ago
Thanks for your reply and I hope your sleep was a good one!
Today is the day I'll be chatting with my favorite Immigration expert; she had other things happening until today.
She was delighted last week when I emailed her the latest plea bargaining results; I've gone from 11357c to 11357b to trespass 602k but I want to be sure I'm getting what I bargained for; the right to stay here!
Hi Barry,

I slept well, thanks, XXXXX XXXXX you best of luck with the results of your case.
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Customer reply replied 4 years ago

Well, it's been a week now and still no response from my immigration consultant...I've been hoping she's just on vacation and will be back on line today. I'll let you know if I make contact later today.


I think it would be hard for them to let me walk with a disorderly conduct conviction but then, if it's only a matter of them keeping the asset forfeiture seizure money in exchange for that charge, it would be nice.


I'll research 'disorderly conduct' and it's deportable implications today...Thanks. Barry

Hi Barry,

I just think it's safer if you could get it. Let me know what you hear .
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Customer reply replied 4 years ago

How would I go about finding an expert on this site that's a California-informed kind of person?

I will opt out of this question and refer you to a CA immigration attorney.
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Customer reply replied 4 years ago

then what do I do; resubmit the question?

I sent a message to the attorney and he should see it when he checks his messages. If for some reason he fails to respond, you can relist the question, but I'd wait a bit. He may be answering other questions right now.
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Customer reply replied 4 years ago

I'm not getting any faces to credit your work with...what's up?

That's because I replied as an Info Request instead of an answer. I'll send this as an answer. You may then want to relist this as a new question in Immigration for a second opinion. I had forgotten that you'd rated me already so a new expert may think he has no chance to be paid if he picks it up here.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,675
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 4 years ago

Am I still waiting for your California expert? And, will you give him access to our conversation thus far, please?

He can see this entire thread. Again, if he fails to respond, I'd post it as a new question for quickest attention.
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Customer reply replied 4 years ago
On one website I noticed that the trespass plea 602.5(a) was a definite safe haven; not a CIMT nor deportable. That's a stretch for the Court to accept, though; there were no buildings anywhere for miles around...

PC 602.5a

602.5. (a) Every person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof, is guilty of a misdemeanor

.

602k makes me nervous; I'm pleading guilty to malicious mischief with regard to what? the indictment; i.e. marijuana related stuff? Doesn't sound too good to me!

PC 602 k) Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of the land, the owner’s agent, or by the person in lawful possession.


 

Right. That's what I was feeling too. On the other hand, a lot will depend on what you are made to admit to during the taking of the plea. That's where you'd have to be most careful.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,675
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey_ JD
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