First, find a good immigration attorney Second, if the immigration attorney does not do criminal defense, find a capable criminal defense attorney to represent your sister in the state court: with 2 prior deportations, a shoplifting conviction will not change her situation much but it is better not to have it, if possible. The immigration attorney might recommend a criminal defense attorney. In any event, make sure that your sister's attorneys know each other's names and phone numbers: because of the immigration side of it, the criminal defense attorney will have to handle this case differently that he/she would if the client were legal in the U.S. Third, DO NOT PUT UP BAIL for your sister. I know this sounds wrong, but it isn't. If you post bail, your sister will not be released; she will be transferred to the custody of Immigration & Customs Enforcement (ICE). ICE can move her into a different immigration jail, usually in Texas or Arizona, and will do so without any warning. It will make defending your sister against the criminal charges impossible, and defending her against deportation even more difficult then in New York. Saving her from deportation will be very, very difficult, but it might be done.
Answered on Sep 10th, 2015 at 6:20 PM