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DAP Forums > DREAM Act > The Lounge

Legal Advice anyone?

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#1
06-24-2012, 01:16 AM
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I qualify for the EAD but I do have one problem. I was stopped by a cop for running a red light and asked me if I was ever arrested and I said no...then he comes back from his car and tells me that I'm lying blah blah blah. I tell him no I was never arrested, but I was caught stealing back when I was 15-16. He then tells me that what happened also means that I was arrested and I go WTF? (well in my mid) and gives me a ticket. Now I wanna go to court and plea guilty so I could at least reduce the fine. But now I am scared shitless because of this:
Quote:
Significant Misdemeanor – a misdemeanor is a crime that is not a felony because it is
punishable by a maximum of one year or less. It becomes a significant misdemeanor
under the deferred action guidance if it involves “violence, threats, or assault, including
domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving
under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight
from arrest, flight from prosecution, or fleeing the scene of an accident; unlawful
possession or use of a firearm; drug distribution or trafficking, or unlawful possession of
drugs.” You should seek legal counsel if you have a conviction that might fit any of
these categories.
Source : http://entrylaw.com/images/Deferred_..._Checklist.pdf

So I guess if anyone could be so kind to help me by giving a lawyer's number or clarification or any kind of help...I would really appreciate it!

I live in California [Bay Area], been here since 11~ years of age. I am now 20.
Also any help with going to court would be great! Should I apply online ?
I have a court date reserved already but it is passed my due date so I will have to call and ask them for another date closer to the due date or an extension.
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#2
06-24-2012, 01:21 AM
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If you want to ask some questions about it, I know a Staff Attorney in San Francisco that's willing to give advice for free to Dreamers. Just PM me if you want his number.
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#3
06-24-2012, 02:04 AM
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It really depends on the "gravity" of the burglary you committed. If whatever you stole was above a certain amount (i.e. $500, $1000, etc) then it will constitute as a Significant Misdemeanor.
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#4
06-24-2012, 03:56 AM
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It depends on what kind of "stealing" you were arrested for.

"Burglary" has a pretty specific meaning, see the wiki for more info.

Go look at your court documents and see what you were charged with exactly.
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#5
06-24-2012, 07:08 AM
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me and my friend were stupid enough to steal just a bunch belts from pants from a store. What I paid was around 300. I did not get a court date. I was not hand cuffed. They did sent me a program that I had to pay and take a test for. Will look over papers that I have . Thank you everyone! anyone other information would be great.
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#6
06-24-2012, 11:24 AM
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Quote:
Originally Posted by robotiic View Post
me and my friend were stupid enough to steal just a bunch belts from pants from a store. What I paid was around 300. I did not get a court date. I was not hand cuffed. They did sent me a program that I had to pay and take a test for. Will look over papers that I have . Thank you everyone! anyone other information would be great.
You should be good my friend. That is not a significant offense. Although it does sound silly.
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#7
06-24-2012, 02:39 PM
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Quote:
Originally Posted by robotiic View Post
me and my friend were stupid enough to steal just a bunch belts from pants from a store. What I paid was around 300. I did not get a court date. I was not hand cuffed. They did sent me a program that I had to pay and take a test for. Will look over papers that I have . Thank you everyone! anyone other information would be great.
You need to inquire about the "exact" charge on record because that is what will come in any background check.It is quite clear you require a lawyer at this point because not of the Dream act regulations but any future Residency issues might arise as well.You need clarification on if you have a theft charge!
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#8
06-24-2012, 03:24 PM
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Quote:
Originally Posted by Ianus View Post
You need to inquire about the "exact" charge on record because that is what will come in any background check.It is quite clear you require a lawyer at this point because not of the Dream act regulations but any future Residency issues might arise as well.You need clarification on if you have a theft charge!
Try this. I am waiting for my results.
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#9
06-24-2012, 03:31 PM
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If you got a ticket, you must plea guilty. Otherwise, it would be a waste of time.
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#10
06-24-2012, 03:52 PM
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thanks everyone!

I was looking over some papers and it says :
Quote:
You may apply to seal your juvenile record if rehabilitation has been denied...and you meet the following qualifications:
  • You have reached the age of 18...
  • You have not been convicted of a felony after the age of 18.
  • You are not currently undergoing any type of adult criminal court action/or investigation ( including traffic court...)
  • You have not been convicted as an adult of any misdemeanor offenses involving moral turpitude.
  • You have not been found by the Juvenile Court to have committed and offense listed in Section 707(b) of the Welfare and Institutions Code when you were 14 years or older.
  • You do not have a civil case pending based on any juvenile offense.

The cost of sealing juvenile records is $100.00....
So that means that I should go to court and pay my ticket then do this ? This is great news to me.
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