shoplifting and trespass

[lookingforadvice]

I am a green card holder for 3 years, I was arrested for shoplifting in california which I didn't do, was charged with pc 488 and tried to take it to trial with th ehelp of a criminal lawyer because I was confident i was innocent, but on the day of trial, the DA offered to plead quilty to a a trespass pc 602.5(b) wich he said isn't a CIMT, and they gave me 3 years probation fines and to take shoplifting class, I finished th eclass and paid the fines and the judge said he will terminate my probation in march 2010, which will make it only 1 and 1/2 years period of unsupervised probation. Now I am having these doubts every night about the whole thing and what if it turns out to be a CIMT, is 602.5(b) is a CIMT? does taking a shoplifting class constitute an admission of guilt to a CIMT? I consulted with an immigration attorney and he said it defenitely is not a CIMT, but then I called another immigration attorney just to double check and he said it is a CIMT and he put doubts and fear in my mind. Can anyone here please advise me of this? Also can I travel outside of the country with no problem at th eport of entry? Pleeeeeease help.

[txh1b]

I don't think tresspass is CIMT. But it depends on what the DA made you plead to. Did you plead guilty to shoplifting or to the reduced charge of tresspass? You need a second/third opinion from a good immigration lawyer.

[lookingforadvice]

Thanks for the reply, the DA made me plead to "unauthorized entry of a dwelling" pc602.5(b), and it says charges for sgoplifting dismissed, that's all what the charge said, now my worry is if i took a shoplift class wich was part of th epunishment , even though the guilty plea was to trespass not shoplifting, would that make me seem guilty of hopltifting?

[lookingforadvice]

can anyone please help answer my question, please?

[txh1b]

What you plead guilty to matters. For immigration purpose, as long as the max punishment for that crime (not what you received) should not exceed 365 days in jail.

There are also some petty exception clauses which could be used. The worst that could happen is you to wait 5 years from the crime to file for citizenship.

I still wonder if you did not shoplift, why you agreed to the plea? If the DA/store did not have a proof, the case would have been nolle prosequied and dropped.

[lookingforadvice]

thanks again for your reply, did you mean that even though i took shoplifting class with a trespass conviction it won't be considered cimt for immigration? do you have any input on california penal code 602.5(b) if it is a CIMT in any way? yes the store had no evidence that I shoplifted cause I didn't, but had to take th eplea deal cause it took for ever and right before they were going to take it to trial my attorney said that trial will cost me 7 thousand dollars pay to him and I didn't have it, so he told me this trespass will not cause any immigration problems and that I should take it and now I am having second doubts about it, I talked to several immigration attorneys and they all have different opinions, it's like they don't even know immigration law for sure, such a stressful situation, and I really need to travel out of th ecountry in 2 weeks for family emergency ands I'm very nervous..I got the court disposition to carry with me..I talked to another immigration attorney today and he siad that I am at high risk and at the same time he said I should pay him 3 thousand dollars to apply for my citizenship as sson as my probation is over, whish seems confusing, I mean if he thinks I am at high risk when traveling why does he think that applying for citizenship will not cause a problem? I will defeniltely hire an immigration attorney for citizenship, but right now no one of them has given me a straight answer, they just keep taking consultation fees and then tell me they're not sure or give me different answers...
did anyone here go through th esame situation? trespass with shoplifting class, or traveled recently while on summary probation? what are you experiences in port of entry? and what's the effect on citizenship?
Thanks in advance.

[txh1b]

I think tha attorneys are messing around with you. I have not specifically looked at the california code but will do when i have time and get back to you. Do not pay 3000 $ for that joker who doesn't even know what he is talking about.

I would not think travel would be a problem based on what you mentioned so far but I have to look into the penal code that you were convicted of.

[lookingforadvice]

thanks so much, the penal code I was convicted of is 602.5(b) and i was ordered to take shoplift class which i finished, and currently i'm under a 3 year summary probation.
thanks again.

[txh1b]

http://www.cwsl.edu/content/benner/CrimLaw_Fall04_UnauthEntryofProperty602.5.pdf

Based on what I read here, it does not look like a CIMT and the max sentence is less than 1 year. You will not have any problems as far as I can tell. The class you took would not matter. Again, I am not a legal professional and I could be wrong.

[lookingforadvice]

Thanks a lot Txh1b for taking the time to look it up and give me your opinion, do you have any idea if i could have a problem coming back into the us if I leave for a 3 weeks trip? would they stop me and not let me in? is it true that green card holders are not considered asking for admission after a short innocent trip and therefore will not be questioned unless they stayed out of the country for a long time?

[txh1b]

When I was doing my research, all I could get my hands on were your posts on various other forums. Why are you so paranoid? I have already given you my laymans opinion that I don't think it is CIMT and you will be allowed to enter.

If you are still unsure, keep worrying and talking to attorneys and shelling out $$$.