32 PC accesory after the fact - crime involving moral turpitude?

[booga]

California case

Is 32 PC accessory After the Fact considered Crime involving moral turpitude?

 

[CdwJava]

By itself, no. It shouldn't be.

But, depending upon the underlying offense, it might be.

 

[FlyingRon]

If we are talking about immigration matters, then I agree with Cdw. The federal case law on this says that you look at the crime involved. If the underlying crime was a crime involving moral turpitude or an aggravated felony, then the accessory after the fact may be considered so as well. Rulings to the converse show that neither 32 PC nor the similar federal "accessory after the fact" statute are in themselves crimes involving moral turpitude, it depends on what the crime was that you were aiding.

 

[quincy]

The specifics will always matter but, if this is an immigration matter (and I assume it is because of the placement of your thread), here is a link to the Immigration Legal Resource Center on crimes involving moral turpitude: https://www.ilrc.org/sites/default/files/resources/n.7-crimes_involving_moral_turpitude.pdf

Although the information in the link above is designed for criminal defense attorneys who are representing immigrants in a legal action, the information might be helpful to you in deciding whether the 32 PC, Accessory after the fact, would be considered a crime of moral turpitude for immigration purposes (e.g., whether the crime makes one inadmissible or deportable).

 

[booga]

Thank you for the quick response!
This website is a great resource. I will definitely bookmark!

Thank you for the link Quincy.

 

[quincy]

Thank you for the quick response!
This website is a great resource. I will definitely bookmark!

Thank you for the link Quincy.

I am happy that you found your visit here helpful, booga.

CdwJava, FlyingRon and I appreciate the thanks, so thank you.

 

[booga]

Between the 3 of you, 60k posts

I am happy that you found your visit here helpful, booga.

CdwJava, FlyingRon and I appreciate the thanks, so thank you.

 

[quincy]

Between the 3 of you, 60k posts

Over many years.

 

[booga]

Hi Quincy,

California case

Juvenile case over 20 years ago
32PC (Wobbler)

I have since filed for the following
P.C 17b motion to drop felony case to misdemeanor was approved (Wobbler changed to misdemeanor)
P.C. 1203.4 petition to dismiss the misdemeanor case was granted

How does the dismissed case play into my application for n400?

The specifics will always matter but, if this is an immigration matter (and I assume it is because of the placement of your thread), here is a link to the Immigration Legal Resource Center on crimes involving moral turpitude: https://www.ilrc.org/sites/default/files/resources/n.7-crimes_involving_moral_turpitude.pdf

Although the information in the link above is designed for criminal defense attorneys who are representing immigrants in a legal action, the information might be helpful to you in deciding whether the 32 PC, Accessory after the fact, would be considered a crime of moral turpitude for immigration purposes (e.g., whether the crime makes one inadmissible or deportable).

 

[FlyingRon]

I'm not Quincy, but if you read all those questions on the N-400 you'll find that you still need to disclose those. Even if reduced, dismissed, expunged, or pardoned.
You can continue to be dodgy with us, but you're going to have to fully disclose this and have some 'splainin' to do when you apply for naturalization.

 

[booga]

FyinRon,

Yes of course when filling out the form, full disclosure is the plan. And since the form does leave space to provide details, then I will put down that the case was lowered to a misdemeanor, then dismissed.

Thank you.

I'm not Quincy, but if you read all those questions on the N-400 you'll find that you still need to disclose those. Even if reduced, dismissed, expunged, or pardoned.
You can continue to be dodgy with us, but you're going to have to fully disclose this and have some 'splainin' to do when you apply for naturalization.

 

[FlyingRon]

FyinRon,

Yes of course when filling out the form, full disclosure is the plan. And since the form does leave space to provide details, then I will put down that the case was lowered to a misdemeanor, then dismissed.

Thank you.

But piecing together the details that you've spread across multiple threads (this is why we don't recommend that), it would appear that theis is a crime involving moral turpitude. You'd better be takling to an immigration attorney.

 

[booga]

FlyingRon,

Sorry for the separate posts. I did that since the question posted on the 2nd thread does not belong in Immigration section of the forums.

I do appreciate your response

But piecing together the details that you've spread across multiple threads (this is why we don't recommend that), it would appear that theis is a crime involving moral turpitude. You'd better be takling to an immigration attorney.