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DAP Forums > DREAM Act > The Lounge

Committed a Misdemeanor while waiting for DACA to be approved, plese help!

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#1
10-18-2013, 06:52 PM
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Netz
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Hello everyone,

It is with great shame and embarrassment to inform you guys of the unfortunate situation that I am in. Yesterday(10-17) I went to a JC Penney and was out shopping for birthday gifts for my girlfriend. I purchased a few things and had enough money to buy her everything I had in mind. For the most idiotic reason, it hit me that I might be able to steal some stuff and get away with it. I made the horrible mistake and tried to take $67 worth of goods (2 items). When exiting I got stopped by an employee and got directed to their security room where I was later taken by cops to the police station.

I was fingerprinted, photographed, and put in a cell and lasted in this horrible place for about 3 hours. They checked my record and found I had no priors of any sort and let me go shortly after.

I now have a court date in late December. The charge is 484(a) PC M. I am absolutely stressed out right now and not only am I worried that something really bad can happen at court but worst of all I applied for DACA in late May this year and waiting for approval and I am afraid that committing this will affect my case.

I'm posting to see if this great community can give me some advice or information on what I might expect and how this stupid action might affect me.

Please, I understand that I made the worst decision of my life and that it's too late now. But please don't bash me any further, I feel completely humiliated and defeated as it is...

Thank you all for taking the time to read this, and even more, if you decide to help.
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Date Application Sent - 05/2/2013
Date acceptance letter of application received - 5/11/2013
Date Biometrics scheduled - June 12( Did a walk-in on May 28 )
Application Approved - January 2 2014
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#2
10-18-2013, 07:09 PM
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I am going to send you a private message to your inbox regarding this question.....

but in no way is legal advice, it is just a opinion .....
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#3
10-18-2013, 07:35 PM
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That really sucks man, but without a doubt this will have an impact on your DACA application...you better hope they already ran your background check before this act. Also, you might have to come clean with them at some point, or when you renew (if you get approved) it will come up on their next background check. I really hope it works out for you. I won't judge you on this act, I think you are already beating yourself up for it.
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Application Received: Nov. 30th, 2012 WAC Service Center.
Biometrics: December 27th, 2012.
Approved: March 11th, 2013
SSN: 3/18/2013
CA ID: 3/26/2013
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#4
10-18-2013, 08:17 PM
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I'll save the lecture about blowing a great opportunity, etc. but you might be OK for DACA...your chances of future legalization might be in trouble though. I would really consider getting a defense attorney and trying to get this expunged and doing everything you can to not let this go on your record. Remember, you're not like Americans accused of a crime - one false move can really screw you up. They can just plead guilty, pay a fine, etc. and while it's on their record, it wouldn't necessarily ruin their lives.

YOU on the other hand need to do anything you can to not get this on your record. Meet with a lawyer, explain this to him. See if he can work out a plea, expunge this, and fight it tooth the nail whether that means begging for mercy, playing the "I didn't know I had it with me" card, or any other legal tricks those guys learned in law school. My guess is that it's best that it never even goes to trial.

Do NOT go to court alone without council. I've met some people who work in the Loss Prevention department of stores and they are fully prepared to prosecute. They will come with clear video showing you the minute you came to the store to the minute you were caught. They will zoom in, zoom out, circle stuff, have time stamps, and they won't miss a beat. That's their jobs.
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Late 40's Dreamer (Holy Fucking shit I'm almost 50 and still dealing with this), aged out of original DACA and didn't have a chance to apply for extended DACA after Republicans killed it on the vine.
Last edited by IamAman; 10-18-2013 at 08:21 PM..
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#5
10-18-2013, 08:33 PM
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First and foremost, hire a lawyer, for the offence to represent you on that court date.
Do not go alone

Since it is your first offense, the possibilities is that you will be charged for a misdemeanor, and hopefully they will give you deferred adjudication.

so that means you wont have jail time, but will have to do probation, community service hrs, and pay a monthly fee. Its up to the judge to determine for how long.

After you finish you probation, you have to wait 2 years to file for a non disclosure, so it wont show up on your record. So you will have a hard time getting a job, while on probation and after probation.

so according to uscic web site, aslong as you "Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety."

So I hope you will get approved,
once again....this is not legal advice....just opinion
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#6
10-19-2013, 11:21 AM
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dumas. If you're in california and are found guilty you might face deportation on the spot. Just saying. New laws don't kick in until jan 1st. Why would you even think about stealing crap while in the process?


everybody makes mistakes right? .....


You are in California, i hope you're not in a republican city.
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Last edited by zone2oo0; 10-19-2013 at 11:27 AM..
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#7
10-19-2013, 09:26 PM
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You need to hire a lawyer, but not just any criminal lawyer. You need a lawyer that knows the immigration consequences of a criminal conviction.

The good news is that shoplifting is not likely to be considered a 'significant misdemeanor' that would bar you from DACA. The bad news is that it's considered CIMT (crime involving moral turpitude) that could forever bar you from getting a green card. Your lawyer's job is to somehow get a deal where you are convicted for something other than shoplifting (so it's not CIMT) and reduce the sentence to less than 6 months.

You were gonna save some sixty bucks, but now you're gonna easily spend six thousand on the lawyer...
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Lawfully Present: 8 CFR 1.3
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Visa Quota: Visa Bulletin
Inadmissible Aliens: 8 USC § 1182
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#8
10-19-2013, 09:42 PM
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Quote:
Originally Posted by zone2oo0 View Post
dumas. If you're in california and are found guilty you might face deportation on the spot. Just saying. New laws don't kick in until jan 1st. Why would you even think about stealing crap while in the process?


everybody makes mistakes right? .....


You are in California, i hope you're not in a republican city.
hes lucky hes no in az lol
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app sent out : 9/28 /12
form i-797c notice of action: 10/04/12
biometrics appointment : 11/08/12
approval august 28th 2013
waited almost 11 months "only god knows when"
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#9
10-19-2013, 10:06 PM
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Wow you tired to steal $70 worth of stuff and now you might end up paying hundreds of dollars and jeopardize your immigration future, may this be an example for other dreamers
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| Application approved 9/20/12 | EAD received - 9/26/12
DL/ID 10/6/12
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#10
10-19-2013, 10:25 PM
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the sad thing is had he gotten away with with it, he would still continue stealing...

its a good thing he got caught so he can me made an example of how 70 bucks can ruin your life. Just be happy you didn't to this in Az
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