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Arrested and charged help

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franky22

Junior Member
This is in NY Upstate

My son who is a great kid - he is 18, went out the other night and two other kids 15 years old took a snow mobile without the owners consent and rode it with him:

I have always taught him high standards and morals and he has not been in trouble before and without apportioning blame, he just was in the wrong place at the wrong time and subsequently got charged with Grand Larceny in the 4th and Criminal Mischief in the 3rd:

I am worried sick - he is a green card holder - permanent resident of the USA without condition but I know there are conditions that they could deport or start deport proceedings in cases where permanent residents commit offences of certain nature - can they?

However I had to bail him out - such a traumatic time last night at 3am, and had to pay $1000 for each offense - Total $2000:

He is set to appear on Thursday next week 1/8/09 in Court at 9am and then the same day for the other charge in another court at 10-30am - how he can be on time at both I do not know:

I have no lawyer and do not know how the process works, and I cannot afford thousands of dollars for a Lawyer right now.

Someone said I get my bail money back on Thursday but I have read maybe not until the end of the case?

I really am at a loss what to do with no resources or advice - I want it finished with and how would I plea bargain?..on the day with the DA?
How would I get the charges reduced or would I plead not guilty for him?

I am worried sick and have nowhere to turn.....I am sorry to have to ask....What is the name of your state (only U.S. law)?
 


CourtClerk

Senior Member
First of all, your "child" is 18, and an adult. He was not in the wrong place at the wrong time, he was exactly where he wanted to be doing exactly what he wanted to, which was riding someone else's property where he did not have permission to do so. He knew that property didn't belong to him, he knew he didn't have permission from the OWNER of said property to ride it - so do yourself and your son a favor and stop making excuses for him now. Has he been in trouble before? Probably. No teenager is an angel, he probably has never been caught though. This time, he got caught.

Now, as for his legal issues, you cannot plead anything for him unless you are an attorney (which clearly you are not). When he gets to court, have him ask for a public defender. Let him deal with HIS legal issues.
 

NYImmLaw

Member
Relating to your son's alleged crimes the following are deportable offenses:

A theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment is at least 1 year.

or

An offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000.

You didn't give me the Penal Code numbers. But if he was charged with 145.05 and 155.30, then both of those are class E felonies in New York. As far as I can discern 145.05 is not a deportable offense. However, if your son pleads guilty to 155.30, he could theoretically receive a sentence of a year or more, which would be a deportable offense. Your son should attempt to plea to a lesser offense or have the prosecutor agree to probation only.

Moreover, if your son has been a lawful permanent resident less than 5 years, he should probably not leave the country before becoming a citizen because he might not be allowed to re-enter.

P.S. - Investing in a good attorney with experience in criminal AND immigration law might help you to avoid even more expense in the future if your son mistakenly ends up pleading guilty to a deportable offense ending in deportation proceedings, immigration detention, physical deportation and a permanent bar to re-entering the U.S. Just some food for thought.
 
Last edited:

franky22

Junior Member
Relating to your son's alleged crimes the following are deportable offenses:

A theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment is at least 1 year.

or

An offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000.

You didn't give me the Penal Code numbers. But if he was charged with 145.05 and 155.30, then both of those are class E felonies in New York. As far as I can discern 145.05 is not a deportable offense. However, if your son pleads guilty to 155.30, he could theoretically receive a sentence of a year or more, which would be a deportable offense. Your son should attempt to plea to a lesser offense or have the prosecutor agree to probation only.

Moreover, if your son has been a lawful permanent resident less than 5 years, he should probably not leave the country before becoming a citizen because he might not be allowed to re-enter.

P.S. - Investing in a good attorney with experience in criminal AND immigration law might help you to avoid even more expense in the future if your son mistakenly ends up pleading guilty to a deportable offense ending in deportation proceedings, immigration detention, physical deportation and a permanent bar to re-entering the U.S. Just some food for thought.
THANK YOU at last some good advice!!
The Charges are Criminal mischeif in the 3rd and Grand Larceny in the 4th:
I do not know what codes they are?
As a first offender does he have a chance of probation?..thats what I was told?
Is there much chance of getting the charges especially the Larcent one dropped to a misdemeaner?
PLea bargain?
He made a a statement to the police telling them that the person he was with that actually stole the machines knew that the kid was stealing them - he did not actually take them himself but rode them with the kid that did...I am not apportioning blame..just telling the facts:
I know deportation is a grey area and hard to impliment?
Deportable offences are Felonys and somethng called moral turptitude?
 

CourtClerk

Senior Member
For those who want to take notice of this idiot do so...although they grabbed only a snippet of the conversation to better the quest...ignore this clerk a hole
You did say it though... correct? Although a snippet of a much longer paragraph, this is EXACTLY, word for word, what was said... correct?
 

NYImmLaw

Member
As a first offender does he have a chance of probation?..thats what I was told?
Is there much chance of getting the charges especially the Larcent one dropped to a misdemeaner?
PLea bargain?
I really don't know the answer to these questions. Your son can ask the public defender about this.

I know deportation is a grey area and hard to impliment?
Deportable offences are Felonys and somethng called moral turptitude?
Actually it is not much of a grey area, just very complicated. Whole books are written about immigration consequences of criminal convictions. Actually deportable offenses are those listed under section 237 of the Immigration and Naturalization Act. But, there is no way I could explain it all to you in an online forum.

I really think you should bite the bullet and consult with an attorney.

If you need further help please contact me by private message.

P.S. - You should erase some of your posts, they do not reflect well on you.
 

poncho

Member
NYImmLaw;2134703[/QUOTE said:
Actually it is not much of a grey area, just very complicated. Whole books are written about immigration consequences of criminal convictions. Actually deportable offenses are those listed under section 237 of the Immigration and Naturalization Act. But, there is no way I could explain it all to you in an online forum.

I really think you should bite the bullet and consult with an attorney.

If you need further help please contact me by private message.

P.S. - You should erase some of your posts, they do not reflect well on you.
Not advice because I agree with the above. The complication is certain aliens from some countries are sort of exempted from the Immigration and Naturalization Act. The gray area is try explaining that at the border or with ICE leaving jail/prison. Bite the bullet and consulting attorney could help clear up a gray area before your son and state agents create one.
 

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