Legal Question in Criminal Law in Virginia

This is my updated question from my previous one.

I asked about the 2 grand larceny charges that my wife faces and unfortunately even though this was her first crime and we hired a lawyer, she was sentenced to 15-days in jail and her charges were reduced from 2 grand larceny (felony) to 2 petty larceny (misdemeanor). Our baby was safely delivered and is 3-month old now. Because we moved to Prince William County, she was allowed to serve at Prince William County jail instead of Campbell County jail where the crime happened, which is a 3-hour drive.

Her release date from jail is tomorrow but now she faces more serious problem. Because she is not US-Citizen, she is under investigation by US Immigration and was told by Immigration that she cannot be released from jail until the investigation is over. This sounds like they are discriminating her because of her national origin. They let the citizens go free after their sentenced time. The judge at campbell county sentenced her to 15-days in jail, so is it lawful for immigration to hold people in jail longer than what the judge ordered? And is it lawful for them to discrimiate her this way? She is on her student visa and her green card application is in process. I and her daughter are both US-Citizens. What can I do to get released from jail? What are her legal rights? The legal system is really being inhumane because it separated the mother from her new born baby and now torturing her mentally. They did not give her clear reason why she was to be held in jail more than 15-days. I need some legal advice. Now we live in Manassas, VA.

KC

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my previous question on Feb 3, 2009

2 accounts of grand larceny charges - VA

My wife recently was charged with 2 accounts of grand larceny charges for stealing cosmetics and jewelry on 2 different dates from a department store. (campbell county, VA)

My question is that she is in US because of her student visa, (to go to school) so if she is convicted I am afraid that she might get deported and loses her chance to get resident visa.

She has never done anything like this before and has no criminal record. She is 5 month pregnant and I fear that if she gets put into prison, then this might interfere with her pregnancy.

I've already went to the store to return the stolen items and gave apology. They initially told my wife that if she complies, she would not go to jail. I talked to an attorney today and found out that this is not up to the store, but up to the judge.

What is she possibly facing right now? Can the judge possibly sentence her with prison time when this is her first time and that she is pregnant? Somebody help!!

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Asked on 8/11/09, 3:30 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

The Department of Homeland Security may be investigating in order to lodge a detainer against your wife and place her in removal proceedings for the purpose of deporting her to her home country.

Grand larceny(felony theft) is considered a crime of moral turpitude and, unfortunately, may

result in your wife's deportation from the United States. This has nothing to do with government discrimination against her and could occur with any person in your wife's circumstances who is not a citizen.

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Answered on 8/16/09, 11:28 am


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