Legal Question in Criminal Law in California

petty theft and over staying visa

I was arrested on xmas eve for petty theft(misdermeanor) I was held for several hours and then released. I was not asked to post any bail and no photos or finger prints were taken I am here on vacation and I explained to the officer that my court date was after the date I was due to return to the U.k. If I fight my case I will be overstaying my visa also I have run out of funds here with regards to getting legal representation I don't really want to plead guilty to something I didn't do. Also would I have to stay in U.S. to complete any community service again overstaying my visa would it be possible to get case adjourned so I can go back to work in U.K. and return with funds and time to be correctly represented in this matter. I am due to leave U.S. 16th Jan my court case is 24th jan thanks for any help in this matter


Asked on 1/04/05, 11:58 am

3 Answers from Attorneys
William Kopesky Law Office of William J. Kopesky

Re: petty theft and over staying visa

You did not state what city you were arrested in. However, it is quite likely that your case can be advanced so that it could be resolved before you leave, if you want it done that way. Alternatively, an attorney can appear on your behalf and you may or may not have to return later. But in my experience, most courts here would accomadate an early resolution of your matter.

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Answered on 1/05/05, 3:02 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: petty theft and over staying visa

Because this is a misdemeanor case, you do not need to appear in person on the 24th and can instead send an attorney to enter a plea on your behalf. Only a licensed attorney can do this for you. You will probably have to come to court later on, but by then you will have had time to save up some money and get a new visa.

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Answered on 1/04/05, 1:56 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: petty theft and over staying visa

You can have an attorney make an appearance on your behalf and request a continuance. Because it is a misdemeanor, you do not need to appear. Your best bet is to retain someone, have them make an appearance, explain the situation to the judge and see what type of continuance will be granted. Most judges will work with you. I have represented several Canadian clients and they have never had to come back to the US. Good luck.

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Answered on 1/04/05, 3:37 pm


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