April 03, 2012

• Steven Topazio wrote this April 27, 2014 at 3:37 pm

The Client, a 24 year-old account executive and college graduate, received an application for criminal complaint charging her with the felony offense of Larceny over $250.00, when she walked out of an upscale department store with several women’s tops without paying for them. The items totaled over $800.00. The police alleged that the alleged theft was caught on the store’s surveillance video cameras. The police further alleged that when searched, the Client was found to be in possession of a pair of metal pliers, which they alleged were burglarious tools. The Client is a not a US citizen and was concerned about the possible immigration consequences this charge could cause her. The Client immediately hired Attorney Steven J. Topazio to represent her. Attorney Topazio explained that any larceny charge, including shoplifting, would be considered a crime of moral turpitude which could subject a non US citizen immigrant to suffer deportation consequences. Today, at the clerk magistrate’s hearing, Attorney Topazio persuaded the police detective and the clerk magistrate not to issue the complaint against his Client. The complaint was not issued and the clerk agreed to hold the complaint for one year despite hearing enough evidence to find probable cause to issue the complaint. So long as the Client stays out of trouble, the clerk agreed to dismiss the complaint. As a result, the Larceny charge will never appear on the Client’s CORI or will it affect her immigration status.