Arrested of Grand Larceny felony charge on H4 Visa

[ajmahesh]

I was arrested and charged with (shoplifting) Grand Larceny Felony in Virginia. The total amount was $280.

The case is still in court.

My criminal lawyer understands that this is a CMT and has immigration consequences attached to it.

I have also contacted an immigration lawyer, who said I should not get convicted of a CMT as this will make me deportable (as per virginia misdemenor/felony statue of limitations) as per INA 237

My criminal lawyer is pushing me to plead guilty of trespassing which is not CMT. However, I am pushing for a pretrial diversion where I dont have to plead guilty/no contest.

My question is:

1) From immigration perspective ( Visa stampings, Green card, citizenship etc.), which is a better option:-

a) Pretrial Diversion Program

b) Deferred Prosecution

c) Continuance for Dismissal

d) Agreement to suspended Prosecution

e) Disorderly conduct

f) Trespassing

Or is there any other way/charge that I can do to avoid the immigration consequences?

Please Help.

[JoeF]

You need to discuss this with your lawyers, not on a forum.

[test_litmus]

I was arrested and charged with (shoplifting) Grand Larceny Felony in Virginia. The total amount was $280.

The case is still in court.

My criminal lawyer understands that this is a CMT and has immigration consequences attached to it.

I have also contacted an immigration lawyer, who said I should not get convicted of a CMT as this will make me deportable (as per virginia misdemenor/felony statue of limitations) as per INA 237

My criminal lawyer is pushing me to plead guilty of trespassing which is not CMT. However, I am pushing for a pretrial diversion where I dont have to plead guilty/no contest.

My question is:

1) From immigration perspective ( Visa stampings, Green card, citizenship etc.), which is a better option:-

a) Pretrial Diversion Program

b) Deferred Prosecution

c) Continuance for Dismissal

d) Agreement to suspended Prosecution

e) Disorderly conduct

f) Trespassing

Or is there any other way/charge that I can do to avoid the immigration consequences?

Please Help.

pretrial diversion is not a convcition for immigration as it does not involve pleading guilty.

you can reach me at tes_litmus@yahoo.com to discuss moe on the options

[Attorney_25]

This depends on the impact of the various options under state law. You need an immigration attorney and criminal attorney who can work together to analyze this issue. Be sure your immigration attorney is qualified and experienced in handling removal issues

[t75]

FELONY Do you not understand that this is a BIG issue annd you wasted time posting to a forum that you should have spent with an attorney or two or three. What were you thinking?????

Your attorney knows the climate in the courts in your area. Pushing for something less may get you something more. You should seriously consider taking his advice. People are tired of thieves (shoplifting is theft), and DAs and judges are responding to the mood of their communities when it comes to punishment.