Convicted of Theft in NJ
New Jersey laws set out many different crimes that involve theft. Theft can refer to any intentional taking of money or property without permission with the intent to deprive the rightful owner of the money or property. While some theft crimes involve a physical taking of the property, others may allege that an individual obtained the property through fraudulent or deceitful schemes. No matter what type of fraud charges you may face, your defense should be taken very seriously as convictions can result in time behind bars and orders of restitution, which require you to pay the victim for the value of the theft. The type of charges you face and the potential jail sentence will depend on the amount in question and the specific allegations regarding the method of theft.
While having a high quality of defense against theft crimes in NJ is always important, special consideration should be given to the defense of foreign nationals facing these charges. This is because many convictions for theft offenses result in deportation of the accused. Theft is a deportable crime because it is considered to be a crime of moral turpitude. Immigration laws and officials generally believe that if you intended to permanently deprive someone of their rightful money or property, you demonstrated immoral character, which is a basis for deportation. Theft inherently involves deception and dishonesty and, therefore, immigration laws take these offenses very seriously. In addition, if the sentence for a theft crime is more than one year, it is considered to be a deportable aggravated felony.
If you not a U.S. citizen and you have been charged with or convicted of any type of theft crime, your first call should be to an experienced crimmigration attorney in New Jersey. Crimmigration is a new area of law that focuses on both the criminal and immigration consequences of a criminal case and this type of attorney will understand how to approach your case trying to prevent deportation.
One of the most common theft offenses is shoplifting. Every day, people attempt to take items from retail establishments without paying for them or may try to switch tags or return items that they did not purchase. While this is a common offense, shoplifting in NJ has serious consequences. For example, if you are accused of shoplifting anything worth less than $200, you could face a fine up to $1,000 and a possible six months in jail. In addition, shoplifting convictions can result in ICE taking you into custody and initiating deportation proceedings against you.
Burglary is generally considered to be a type of theft crime, however, you do not have to steal anything to be convicted of burglary. The offense of burglary involves entering a home or other building without permission with the intention of committing some type of criminal offense inside. The offense could be theft or any other crime. Burglary convictions can result in three to five years in jail, which make it an aggravated felony under immigration laws and can lead to deportation.
Convicted of Fraud
There are many different theft crimes that involve fraud for financial gain, including the following:
- Investment fraud
- Bank fraud
- Credit card fraud
- Identity theft
- Tax evasion
- Forgery or counterfeiting
Because all of these crimes involve dishonesty, they can be considered to involve moral turpitude and can lead to deportation. If the amount taken is over $10,000 or the sentence is over one year, they may also qualify as aggravated felonies.
Writing Bad Checks in NJ
Many people believe that writing a bad check is a relatively minor offense, however, it can have severe immigration consequences including deportation. There are many ways to defend against these charges and possibly have your case dismissed, if you can show you did not intend to write the check and you pay the victim for the amount they lost. An experienced attorney will look into all options for you to avoid a bad check convictions and the immigration consequences that come with it.
Call to Consult with a New Jersey Crimmigration Lawyer as Soon as Possible
New Jersey crimmigration attorney Ronald Mondello understands how serious theft crimes are from an immigration standpoint because of the inherent dishonesty involved and the potential for deportation. Mr. Mondello has handled many of these cases in which he evaluates the best method of defense specifically seeking to prevent deportation. If you have been charged or you are a criminal defense lawyer representing an immigrant in a theft case, please contact the law office of Ronald P. Mondello, Esq. Attorney at Law as soon as possible for assistance.