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Phillip Sung-Ho Kim

Phillip Kim’s Answers

4 total

  • I have LPR card and I've been here for 8 years! I was charged for theft 3 and this was my first offence!

    I was consulted by immigration lawyer and he advised my attorney to bargain for criminal trespassed 2 to avoid immigration consequences! I plead guilty to that and I was sentenced for 2 days community service, fine and theft class! My immigration ...

    Phillip’s Answer

    Your immigration attorney is correct. If you have been convicted of theft 3, that would have been a problem. However, Criminal Trespass 2 is generally considered an offense without any serious immigration consequences. It is not an aggravated felony. And from what I recall, it does not fall under "crime of moral turpitude". I agree with the above attorneys as well.

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  • Will my case be deferred?

    I was recently charged with shoplifting from a Macy's in Washington, it is my first offense and I have a court date set next month. What do I do at arraignment? Do I just plead guilty and they defer the case or do I plead not guilty? What is the p...

    Phillip’s Answer

    You should apply for a Spokane County Public Defender ASAP. At arraingment, there may be an offer for deferrment like resolution. It is called "stipulated order of continuance". The good thing is you can the case dismissed if you follow thru the conditions that you agree to follow by signing off on it. The drawback is you are giving up your right to a jury trial for the case. Therefore, if you mess up and not follow thru with the deferrment conditions, the Judge is going to read the police report to determine your guilt. In theft cases, it is practically 100% guarantee that the judge will find the client guilty. Therefore, before you decide to settle your case, consult with your lawyer on your best available options.

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  • First time Shoplifting. Will this be in my criminal record? Is there any way to prevent this from going into my record?

    caught with about $70 worth of unpaid merchandises from other store at UrbanOutfitters (it was stupid never will happen again) the Security sensor for Urban Outfitters was in the pocket of the cardigan that I bought from Urban Outfitters (I really...

    Phillip’s Answer

    The prosecutor will look it over and charge you with a crime. Therefore, your record will reflect that you have been charged with theft in the third degree. BTW, in all these circumstances, you should consult and have an attorney to assist you in this matter. It is NEVER a wise decision to go pro se.

    However, what you want to avoid is a criminal conviction because it will have affect your ability to land a job. And there are some ways you can get this off your record.

    The first way is a misdemeanor compromise. It is essentially an agreement between you and the victim with an agreement to pay an undisclosed amount, in exchange a motion before the court (even without the prosecutor's OK) to dismiss the criminal charge. The problem is big department stores, such as Urban Outfitters, do no entertain MISD COMP. Therefore, the chances of landing this resolution is not likely high. However, it is worth a try.

    The other most common way is thru way of contract between you and the prosecutor. DIfferent jurisdiction call it differently: Stipulated Order of Continuance, Dispositional Continuance, Pretrial Diversion Agreement, etc. It is an agreement to follow certain conditions, while giving up your right to a jury trial. If you do end up following up certain conditions, the charges will be dismissed. The usual conditions are: staying out of trouble, some fines, consumer awareness school (depending on jurisdiction).

    I hope this helps. Best of luck to you.

    BTW, you will probably receive a summons from Court. So check your mail periodically.

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  • Do I have to pay a civil demand? Will it affect whether or not 3rd degree theft goes on my criminal record?

    I was caught stealing from a Macy's (Stupid I know) and the LPOs instructed me to pay a civil demand of $730.49. I am also going to court in a month. Do I have to pay the civil demand?

    Phillip’s Answer

    I agree with the comments made by the attorneys above. I will also add that big department stores, such as Macy's or Walmart, do not entertain Misdemeanor Compromise. Therefore, even if you pay the civil demand, it has no effect on your criminal case. Most prosecutors, from what I know, consider the fact that the client paid the civil demand irrelevant. I advise you not to pay it until you meet with a criminal defense attorney to consider multiple options.

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