Lake Havasu City, AZ asked in Criminal Law for Arizona

Q: I have been charged with a criminal misdemenor. I plead guilty and now will attend a pre-trial conference. I am canadian

My fear is that I won't be able to cross the border if convicted of a criminal charge. I was riding my Off road vehicle in the desert - there was a wash out on the trail so I took a well used trail around it. But as I took the trail I observed someone waving to me. I approached them. It was a Fish and Game ranger. She informed me I was not on a designated trail. My tire was resting against a plant - so she took pictures of that and cited me with a criminal charge - destroying property. What can I hope for ? What might I be convicted of and not have a criminal record that would impede me from crossing the border into the USA?

Related Topics:
1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: It is highly unlikely that a nonviolent misdemeanor conviction would have any effect on your admissibility into the US. 8 USC 1182 lists the factors which may make a non-citizen inadmissible to the US. The two sections which most closely relate to your question are (2)(A)(i)(I) crime involving moral turpitude or (II) crime relating to a controlled substance and (B) conviction of 2 or more offenses for which the aggregate sentences to confinement were 5 years or more. I am not an immigration attorney, but I would imagine the bar is MUCH lower if applying for permanent residency / citizenship. To be deemed inadmissible, however, you have to be a pretty bad actor.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.