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I was caught shoplifting the letter has come from the probation dept stating that i should go for this pretrial diversion progra

Asked over 2 years ago - Seattle, WA

mme otherwise a case would be filed against me ,my question is if i do ths pre trial divesion programme then the probation people would take my fingerprints which would be a problem to me in immigration also does going through this programme means that i am guilty proved can u plz help me in knowing what will the probation guys do my finger prints were not taken earlieri was told by the officer that letter from the prosecutor would come,plz help me as i am worried about my immigration issue

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John M. Kaman

Reputation Level 20

Answered over 2 years ago. Criminal Defense Attorney in San Francisco, CA.

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You should be concerned. Normally probation doesn't take fingerprints. If it's a true diversion program successfulcompleteion erases the arrest. Check with probation to be sure. Otherwise fight it.

John M. Kaman

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Howard Woodley Bailey

Reputation Level 19

Answered over 2 years ago. Criminal Defense Attorney in Newark, NJ.

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Shoplifting is termed a Crime Involving Moral Turpitude (CIMT) by the federal government in regards to immigration issues. You need to discuss this with an experienced immigration lawyer before you resolve this charge. If the diversion does not require a plea, you will hopefully not have any issue that affects your legal status, but do need to confirm this with an immigration lawyer. Good luck.

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This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Do not assume that the legal conclusions I mention that pertain to NJ are applicable in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.

Immigration Consequences of Conviction

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