QUESTION

What is most likely to happen to me?

Asked on Mar 23rd, 2022 on Immigration - Florida
More details to this question:
I am a 22 year old Peruvian girl, I am in Broward, Florida as a tourist (B2 visa) and I was arrested for theft in the first degree (do not scan things at walmart for a total of 144 dollars), this is my first arrest, I was charged with first degree theft (misdemeanor) and I already have a court date, I am a student in my country and I just came to visit my grandmother, I cannot afford a private attorney, as a non-resident, can I apply for a public defender? Is it better that I plead guilty? What is the worst that could happen to me? I am very scared and I just want to return to my country as soon as possible
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1 ANSWER

Immigration Law Attorney serving Chicago, IL
3 Awards
You should discuss this with your grandmother. You will be best served with both a competent immigration attorney and a criminal defense attorney, not just a public defender.  Public defenders 'may not know' what is going on, nor believe that they have the time to take the case to trial.  Some will pressure you to plead guilty and thereby make a mistake.  A public defender, or private criminal defense attorney, may wrongly believe that there are no other options or that it is not a conviction based upon Florida law.  That doesn't matter because the definition of a criminal conviction for Federal immigration law purposes requires much less! You rarely get a second chance once the criminal record is final. Again, if a mistake is made; that is, you admit guilt and are found guilty or otherwise somehow admit the elements of the offense to the prosecutor or the court in pre-trial agreements, among other hearings you can have trouble both entering the U.S. and seeking a renewal of your visitor visa, among other visa types. As a result, you really need to find a way to get financial support from your family at this time.  If not, be prepared to find suitable legal assistance, because this 'may be' the last lawful visit that you will be allowed to make to the U.S. on a tourist or any other visa. Of course, if you lie or fail to disclose the arrest and/or conviction, you will be indefinitely, even permanently barred from ever being admitted, even if you marry a U.S. citizen, perhaps! It is always best to tell the truth to consular officials if an immigration visa petition is pending for visa processing! Now, there may be other conceivable options to protect you, but you likely need help now and need to find a way to afford it! That can take time.  Some people, as you explain, cannot easily afford the terrible situations that they put themselves into. Good luck.
Answered on Mar 24th, 2022 at 4:55 PM

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