Expert: Robin Sexton - 9/2/2009

Question
I'm a citizen of Russia. I was in USA in 2006 participating in Summer Work&Travel Program (Atlantic city, NJ). In September I and my friend was decide to go to the SEARS. We was cought on a shoplifting. Total value of things we stole 432$. But the only less half of this things was mine, another half- friend's. I was tryed to explane it to officer. But he wrote down that we stole 432$ each. Judge set bail 20,000$(10%) and a crime of the 4th degree (2c:20-11b), but this crime could be much easy. Then we set in County Jail during 12 days. I was fingerprinted, they overwrote my SSN. Our friends bail us out (2030$ each). Then I went back to Russia, because the expiration date of my J-1 visa was too soon.
I would to receive some information about this case. Can I visit USA one more time?
What is the statute of limitations for shoplifting in NJ.

Thank you.

Answer
Valeriy,

Sorry about the problems you had.  The value of the items stolen may or may not be real relevant in your situation.  Larcenies are normally defined by value. What the report probably indicates is that you and your friend were taking 432 dollars worth of items and doing it "together".  Upon conviction you and your friend would owe together or separately 432 dollars to Sears.  Plus fines and costs that are set separately.  The court is not going to try and determine who took what shirt for example.  How ever that is really not the point of your question.  Once charged there is no statute of limitation.  The warrant is valid till the court or prosecutor decides to recall it.  You would've a valid argument for not appearing due to your Visa expiration.  If you try to return to the USA more then likely the existence of your warrant would be found and your Visa would be denied.  Your only option is to try and respond to the warrant.  Couple of possibilities. Contact your consulate in the USA and see if they can advise how you can respond.  Second is to retain counsel in the US to represent you in court.  Your consulate may be able to advise you on this.  Your primary concern is to have the matter reduced from felony status to either a dismissal, deferred or misdemeanor so as not to prevent your return to the USA.

Hope this helps and good luck

robin