Legal Question in Criminal Law in California

Re: petty theft

Thanks for your posting.

The U.S. Code, specifically � U.S.C. Section 1101(a)(43)(1996), contains deportable offenses.

Theft or Burglary offense for which the term "imposed" is at least one year is one deportable offense.

Misdemeanor shoplifting with a purely probated sentence of one year is

currently considered to fall under this category, although this issue is currently subject to litigation that might make new caselaw changing this. Crimes of "moral turpitude", including theft cases, are further grounds for deportation.

There are two waivers available:

First "waiver:" A foreign national who has been a legal permanent resident who has at least seven years in the U.S. in any status, and at least five years as a legal permanent resident status. This waiver applicant cannot: 1) have been convicted of an aggravated felony; 2) be a suspected terrorist; 3) be believed to be engaged in activities inimical to national security.

Second "waiver:" Applicant must have spouse, parent or child who is legal permanent resident in U.S., or U.S. Citizen, and must show that denial of application would result in "extreme hardship" to applicant. Recent case law rule is that an alien convicted of an aggravated felony who has never been a legal permanent resident may apply for this waiver; both local Immigration Judges believe that this rule is wrong. A legal argument exists that if your client gained legal permanent residence in the U.S., there might be a waiver available for all crimes except drug trafficking and murder. These are hard to get.

Both "waivers" are highly discretionary, and to be successful, established procedures require that an Immigration Judge be impressed with any combination of the following type of factors: evidence of remorse or rehabilitation; long term residence in U.S., especially when residence in U.S. began at an early age; significant family ties in the U.S., a history of gainful employment in U.S., and hardship to dependent family members if deportation occurs.

Regarding the second part of your question, the demand letter you were sent is typical for shoplifting cases. In my opinion, it's extortion, but companies make a lot of money from people who don't understand and pay the fees. The law does allow a store to collect all actual costs and expenses from investigating and prosecuting a crime, but typically, they cannot justify the $200 charge, and they close their account (rather than spending money to sue) if you don't pay. My recommendation is not to pay.

I hope that this information helps, but if you have other questions, want more information, or feel that you need legal help, please feel free to email me directly at [email protected].