Felony Shoplifting Charges Dismissed Against Non-Citizen
Over the years, we have represented many clients who have been charged with shoplifting but are not U.S. citizens. For these individuals, a conviction could seriously affect their immigration status since shoplifting is a considered a “crime involving moral turpitude”, also known as a C.I.M.T. Immigration consequences for non-citizens who are convicted of a C.I.M.T. can include mandatory removal, denial of re-admittance to the country if they leave voluntarily, or denial of citizenship or green card renewal.
In one particular case, our New Jersey shoplifting lawyers represented a client who was here on a work visa and had been charged with a fourth degree shoplifting after it was alleged that she stole $200.11 worth of merchandise from Walmart. Given the circumstances, we had several concerns because not only was there the potential for deportation or removal from the country if our client was convicted but the 4th degree can also result in a permanent felony record and to up to 18 months in state prison.
In order to avoid these possible consequences for our client, our Edison shoplifting attorneys knew that we needed to have this charge dismissed. So we subpoenaed all evidence that Walmart had relied on in charging our client including a surveillance video and loss prevention report. When the store failed to comply, we were able to successfully argue that the court enforce a motion to dismiss. In the end the charges were dismissed outright and our client was able to walk out of court without having to pay any fines.
State v. U.P. decided 10/7/16