Hector E. Quiroga's answer Any time a court places a restriction on you, the government considers that a conviction for immigration purposes. In your case, the requirement to participate in this diversion program was a restriction, so for immigration purposes you have been convicted. It will have an impact on your DACA renewal. You’ll want to consult with an immigration attorney to see what your options are.
Gary Kollin's answer Generally, before the federal authorities become involved in the prosecution in individual cases. There usually is a threshold amount unless the theft is committed on federal property.
Roger Carl Algase's answer Before doing anything else, your aunt needs to consult with an immigration lawyer who is experienced in both criminal law and deportation law. This is a situation that could very possibly lead to serious problems for her.
Michael Duma's answer In Kansas, arraignment in a felony case occurs after a defendant is bound over at preliminary hearing. The speedy trial statute requires he be tried within 150 days if he is in custody. However, this time may be expanded if the defendant files motions or takes other actions which cause a delay. Things which also effect the time a defendant is brought to trial include the court's calendar, the complexity of the case, the time necessary for the defendant's counsel to prepare, necessary motions,...
Michael Duma's answer Yes. It is not necessary for that person to currently possess the item in order to have stolen it. That person could have stolen the item and subsequently resold or otherwise disposed of it. Thus, it is possible to be charged with theft even if the defendant does not “have” the item.
Michael Duma's answer Text messages can certainly be used as evidence that someone distributed a drug or had the intent to do so, and therefore can be the basis for filing criminal charges. However, I would say that it is rare to see someone charged with distributing drugs based on text messages alone. If drugs are discovered, that is a different story.
Michael Duma's answer In Kansas, sentencing for felony offenses is dictated by your criminal history and the classification of the offense. For a Kansas sentencing grid, you can visit the criminal defense section of my website and find it at the bottom under resources. http://www.dumalawoffices.com/criminal-defense.html. You can also visit the Kansas sentencing website at https://sentencing.ks.gov/forms
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