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I have this following charges in the state of Ohio. Im a non-citizen

I have this following charges...
I have this following charges in the state of Ohio. I'm a non-citizen and if plead guilty or enter a guilty plea deal will result to an immigration problem for me and possible deportation. I was thinking of entering a diversion program but they said I must enter a guilty plea which will be dismissed after 1 year. My criminal defense attorney said the guilty plea is not gonna be infront of a judge or on public record or entered into the system and USCIS will not see that and my case will show dismissed after the diversion program. Can someone advise me on this? What if I plead guilty to lesser charge like misdemeanor which will fall under Petty offense with the immigration? I also was arrested in the state of New Jersey early this year and I entered a diversion program without having to plead guilty and case was dismissed after 7 months. I need advise thanks. below are the Ohio charges.

Off. Date Code Description Disposition Degree
09/15/13 2913.51 RCVNG STOLEN PROPRTY NO PLEA F5
Specifications:None
09/15/13 2913.51 RCVNG STOLEN PROPRTY NO PLEA F5
Specifications:None
09/15/13 2913.31 FORGERY NO PLEA F5
Specifications:None
09/15/13 2923.24 POSSESS CRIM TOOLS NO PLEA F5
Specifications:None
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Answered in 46 minutes by:
10/31/2013
Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12,049
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. We are not paid a salary here and positive ratings encourage experts to answer future questions. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: To Georgetown Lawyer on the subject line. Thank you!

Entering the diversion program is your best option since the charges will be dismissed after one year. It doesn't matter if you plead to a misdemeanor. Many people think for immigration purposes it matters if it is a felony or misdemeanor, but it does not. Misdemeanors can get you deported as well, especially if the maximum possible sentence for the misdemeanor is more than one year which makes it an aggravated felony for immigration purposes. Immigration classifies crimes differently than the criminal system. So what is a misdemeanor in the criminal system could be an aggravated felony in the immigration system. Diversion is always best and I would urge you to not get involved in any other activities that get you arrested because diversion will not be an option in the future the more arrests you have.

I hope this helps clarify. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. We are not paid a salary here and positive ratings encourage experts to answer future questions. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: To Georgetown Lawyer on the subject line. Thank you!
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Customer reply replied 4 years ago

In the state of Ohio Law, I must plead guilty before I can enter a diversion program. Please advise on that.

That's risky. Pleading guilty to the essential elements of the crime makes it a deportable offense IF immigration picks up the case before you completes diversion. No one can guarantee you when and IF immigration will pick up the case. However, if immigration picks up the case after the diversion is complete and your criminal attorney says the guilty plea will then be withdrawn, you would still be ok. I hope this helps clarify. Thanks and best regards.
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Customer reply replied 4 years ago

The problem is this, my conditional green card expires in August 2014, I don't think I have enough time. If I plead guilty to misdemeanor and the sentence is not more than 1 year and actual jail term is less than 6 month or maybe 1 year probation, do you think I can apply to remove conditions on my green card and get 10 years? Because I must apply for new green card before August 2014. What do you think?

So you have only had your green card for a little over a year at this point, this is really not good. If you were put in removal/deportation proceedings you couldn't apply for much relief to remain in the u.s. The problem is if it was only ONE charge then the misdemeanor only having a sentence of not more than one year and jail term of less than 6 months would fall under the petty offense exception but you have multiple charges. If you could get them to drop 3 of the charges and only move forward on one misdemeanor charge with the 1 year/6 months actual jail time then you may have a chance. Any time you are convicted of crimes before having a green card less than 5 years you are putting your time in the u.s. at risk. If you file to remove the condition on your green card in June of next year, what will happen is they will not make a decision on the removal of condition until the final disposition of your criminal case and can extend the conditional card another year in the mean time. I also urge you to go with your charges and talk to a local immigration attorney. This is not a simple case. Thanks.
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Customer reply replied 4 years ago

I also had a case in New Jersey that was dismissed without any plea agreement, do you think that is nothing to worry about? It was a pre-trial intervention but didn't have to plead guilty and once I completed the program, it was dismissed.

The New Jersey case would cause no problems whatsoever since it was dismissed and no guilty plea. I hope that helps clarify. I would appreciate a positive rating so that I could get credit for my answers and analysis on this complex case, as you would like credit for your work. I am happy to reply to follow up on this issue after a rating. Thanks again and kind regards.
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Customer reply replied 4 years ago

How can I get the prosecutor to drop 3 charges? Is the something my lawyer can do?

Your criminal lawyer has to negotiate with the prosecutor to drop charges. Best regards.
Georgetown Lawyer
Georgetown Lawyer, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 12,049
Experience: 10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
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