New York State Penal Code http://ypdcrime.com/penal.law/article155.htm Larceny under $1000 is a “class A" misdemeanor.
If found guilty, misdemeanor is punishable by up to one year in jail. Other sentencing options include probation, conditional discharge, and fines. I am going to let your lawyer explain that to you. Dismissal in exchange of some kind of community service is certainly possible.
I would not go with some lawyer just because he/she is cheaper or expensive. You should research him/her online, look at his/her education background and practice area, and pick one she feels comfortable. Although these are small cases, nobody can tell you a general rule because personal service is complicated.
As for impact to jobs, and green card, I think her first priority now is to avoid conviction and jail sentence instead of worrying something years later.
But since you asked, the answer is not black and white. Record expungment and sealing is limited in New York state, her future employer will be able to find this arrest or conviction. Depend on what she want to do, the shoplifting might or might not impact her future careers. Different crimes are different, for the purpose of a career, a misdemeanor of disorderly conduct is better than shoplifting, which implies dishonesty. Certainly with passing of time the seriousness of this matter would diminish, but I would not recommend her for applying jobs at banks or national security, for sure. Fashion designer, Starbucks barista, saleswoman, maybe.
As for green card, she have to disclose this arrest even if she is not convicted. Since it is not a felony, the law does not prohibit her from getting a green card. An arrest or conviction of misdemeanor is considered by the immigration officer under his discretion to judge her moral character, while the officer has to reject her GC if she has a felony conviction. GC is not impossible with this on her record.
If found guilty, misdemeanor is punishable by up to one year in jail. Other sentencing options include probation, conditional discharge, and fines. I am going to let your lawyer explain that to you. Dismissal in exchange of some kind of community service is certainly possible.
I would not go with some lawyer just because he/she is cheaper or expensive. You should research him/her online, look at his/her education background and practice area, and pick one she feels comfortable. Although these are small cases, nobody can tell you a general rule because personal service is complicated.
As for impact to jobs, and green card, I think her first priority now is to avoid conviction and jail sentence instead of worrying something years later.
But since you asked, the answer is not black and white. Record expungment and sealing is limited in New York state, her future employer will be able to find this arrest or conviction. Depend on what she want to do, the shoplifting might or might not impact her future careers. Different crimes are different, for the purpose of a career, a misdemeanor of disorderly conduct is better than shoplifting, which implies dishonesty. Certainly with passing of time the seriousness of this matter would diminish, but I would not recommend her for applying jobs at banks or national security, for sure. Fashion designer, Starbucks barista, saleswoman, maybe.
As for green card, she have to disclose this arrest even if she is not convicted. Since it is not a felony, the law does not prohibit her from getting a green card. An arrest or conviction of misdemeanor is considered by the immigration officer under his discretion to judge her moral character, while the officer has to reject her GC if she has a felony conviction. GC is not impossible with this on her record.
選擇“Disable on www.wenxuecity.com”
選擇“don't run on pages on this domain”
