I was charged with, PL 155.55 and PL 165.40, and received ACD. Case reopened because I did not complete one day of community service or one Shoplift class. My lawyer was able to negotiate with DA and now I have option to plead guilty to Disorderly Conduct violation. I plan to do so as my lawyer feels that better deal or dismissal can't be negotiated because I failed to complete my obligations to the court the first time around. The plea says: "I hereby acknowledge that on (date) (address) (time) in County and State of NY, I was disorderly. My question is, can this plea be constructed as CIMT and can this violation be grounds to VO to deny new visa in my home country?
A plea to disorderly conduct is unlikely to affect your immigration. You discussed this with your current attorney, right?
I would suggest that either you or your attorney consult with an Immigration attorney.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
Based on my experience I am surprised that your lawyer could not get you more time to complete the community service and stoplight class.
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.
This a question better presented to an immigration attorney to answer..
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