Legal Question in Criminal Law in Washington

I live in WA STATE and I am a green card holder. I was with my uncle at Goodwill Store. Apparently my uncle switched price sticker tags on two items and Loss Prevention Detective witnessed it. After paying all the items, we were stopped and brought to a back room. The Loss Prevention Officer indicated that if we cooperated, we will not be filed criminally and we will only be charged for trespassing and civil penalty. Since my uncle did not have ID (Identification), a police was called in. He read us our Miranda rights. We were never given any type of paperwork but he mentioned about court date. Does this mean we are getting charge criminally? And will this affect my green card status and my uncle's tourist status? Please help. Since cops showed up, does this mean we are looking at criminal charges and possibly deportation?


Asked on 9/12/09, 3:48 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

You are looking at criminal charges and, depending on the outcome of the criminal case, possible removal. Despite the stores statements regarding cooperating and no charges, the charges are brought by the state or city and not the store. They often lie to get you to make incriminating statements and this is allowed by the courts. A theft is a crime of moral turpitude (bad morals) and get you removed. Also, with a possible sentence of 365 it could count as a felony for immigration purposes, another basis for removal. A competent defense attorney can prevent these consequences so you'll want to meet with and retain a lawyer right away.

At your service,

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Answered on 9/17/09, 11:46 am


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