Legal Question in Immigration Law in Kansas

Immigration Consequences of First-Time Shoplifting Charges

I am an international student and was recently charged with shoplifting (under $9.00). I am to appear for a hearing this coming Thurs, June 12, 2003. I intend to plead not guilty and sign up for a diversion program. However, in order to be granted the one-year diversion, I will have to enter a plea of guilty against the charges against me and, upon completion of the program, make amotion to have the charges dismissed. My concern is that, for immigration purposes--at least the way I understand it--having plead guilty, or even admitting to having committed the offense, will make you deportable, regardless of whether the charges were eventully dismissed. Is that the case, and, if so, is there there a remedy to this situation? Thank you!


Asked on 6/07/03, 2:54 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Immigration Consequences of First-Time Shoplifting Charges

You need a lawyer.

Don't plead to anything unless and until you are absolutely certain of the consequences. Most criminal defense lawyers won't know beans about immigration law, and for something like shoplifting would probably counsel you to take the plea, which would be a problem in your case.

Of course, if they caught you red-handed, the chips will have to fall where they may, but there are a few other alternatives to try:

Find out from an experienced immigration attorney who deals with deportation exactly what deportable offenses are, and then see if the prosecutor will work with you to let you plead to something which is NOT a deportable offense.

On something so petty, it's sometimes possible to have the court take a plea "under advisement," in other words, no plea is entered and the charges are fully dismissed after a year or so, provided you commit no crimes. See if they'll go for that as well.

Good luck!

Read more
Answered on 6/07/03, 5:38 pm


Related Questions & Answers

More Immigration Law questions and answers in Kansas