They were made to pay 500$ each and were given desk tickets after fingerprints and everything. They dont speak English. What are theirs chances? Would they be provided translators or will need to bring their own? Can they come out with ACD for 6 months or community work with no criminal charges? If not, will it be misdemeanour or felony that will affect their LP status? Thank you
Hello. Yes, they will be provided interpreters for their court appearances. In fact, the Court will only permit people to use official court interpreters and the New York City criminal justice system has interpreters available as a matter of course every day for the most commonly spoken languages. Shame that they were bullied into paying that civil penalty, especially because $500 was the maximum possible unless the property were damaged. People often make the mistake of believing that that penalty is somehow connected to the criminal case (which it isn't) and that if they pay the penalty they will not be prosecuted (they will). Doesn't seem right to me. Whether or not they will be able negotiate an ACD will depend but their non-citizen status will trigger the need to consider the possibility that an ACD may not be the ideal result for them. In the short term, prior to the dismissal, the Federal Government can perceive the ACD as an open case and so if they leave the country during the period (say on vacation) and they seek admission on the return flight, they are at risk of being denied. This may be unlikely and in some circumstances I have had immigration lawyers suggest that this is a highly remote possibility, but I have also heard from people who have had this happen - so it isn't impossible. Anyway, these issues are worth going over with a lawyer. Good luck.
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If this is a first arrest, they stand a good chance of getting an ACD. An interpreter will be provided by the court to help translate the proceedings. I would imagine all should probably go well. Good luck.
This answer is only for informational purposes and is not meant as legal advice.
There's a couple of things going on here. Firstly, if the shirts were "around 200" then your husband's relatives most likely got charged with Petit Larceny which is a misdemeanor and not a felony. Assuming that they have a clean record, they might very well be eligible for an ACD. With respect to their green card / LPR status, more information is required. If they do indeed have a criminal record, notably prior convictions on crimes involving moral turpitude, you must immediately then consult with an immigration/ criminal defense lawyer who can effectively employ a strategy to which lessens the risk of your relatives from receiving an NTA (notice to appear) and deportation. Good luck.
I am an attorney licensed in New York and Texas who is a former (retired) NYPD Police Officer. This answer is provided as a general response and is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
Sounds like they are charged with misdemeanors. ACD is a possible offer. Hire an attorney, especially if they are not US Citizens. They will be provided translators.
Criminal events can greatly affect immigration rights. It is advisable that the relatives discuss their cases with an experienced immigration attorney aware of the criminal charges in New York and their specific influence on immigration benefits.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
The court provides interpeters. There are ways to get the case dismissed. I suggest that he hire a good criminal defense lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Petit larceny, which is what they will be charged with is considered a crime of moral turpitude which can have devastating consequences on future immigration applications. They need to hire an attorney who can help them get these charges dismissed and minimize the negative effects.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with over 18 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
Interpreters will be provided by the court. They need an attorney as they have been charged with a crime. If they are not citizens there could be immigration consequences if they plead or are found guilty. If they cannot afford an attorney each of them will have an attorney assigned to represent them.
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