Monder Law Group - News
Great Result for Person looking at Being Deported for a Theft Crime
This was a case Monder Law Group handled where the City Attorneys Office filed criminal charges against a person looking at immigration consequences if the case was not dismissed. In San Diego, if you are convicted of a simple misdemeanor theft related crime, you can be deported. It is important to understand that the change of plea may trigger immigration deportation proceedings against you. The Immigration Customs Enforcement is notified of any criminal cases where a person is not a United States Citizen. It is the job of the agency to follow these cases until the final disposition in order to take action. People assume that only aggravated felonies will trigger these deportations. However, this is false. People can be deported for simple misdemeanor crimes of moral turpitude.
The Prosecutor is not supposed to be influenced by any collateral consequences in a criminal case in making any offers. Nevertheless, there are opportunities to earn a dismissal without going to through the steps of a change of plea. Attorney Vik Monder represented an individual who was not a United States Citizen accused of Shoplifting under Penal Code section 484. PC 484 is considered a crime of moral turpitude and a conviction can result in loss of immigration status here in the United States.
Even though shoplifting is considered a low level offense, a person could be looking at severe consequences not on the criminal side but the immigration side only. The courts have created programs to deal with low-level offenses but have not adjusted it for the purposes of dealing with individuals who are not United States Citizens. The most common program for shoplifting cases is community court where you complete two days of public work service and pay a fine and your case will eventually be dismissed. However, in order to get into the program you must first plead guilty to a misdemeanor PC 484 charge and only after you complete everything, your case will be dismissed at sentencing. This is not a good deal for people that are legal permanent residents or on any other immigration status here in San Diego.
If you are on any immigration status you cannot plead guilty. Strategically, Attorney Vik Monder will attempt to earn a dismissal by completing volunteer work, completing an online shoplifting course, and paying any loss prevention fee before the court date even starts. If you have any questions about your particular case, feel free to contact Attorney Vik Monder immediately at 619-405-0063.