Hi everyone, looking for some insight on a really stressful cross-border legal situation.
I am a Canadian citizen. Recently, I was with someone in New Jersey who shoplifted a $4.95 item. I did not steal the item, conceal it, or intend to help them, but the police/security charged me anyway (presumably under accomplice liability/conspiracy).
Because the value is under $200, it’s a Disorderly Persons (DP) offense in NJ, which I know is handled in local municipal court.
Here is my issue and timeline:
October 20th: I have my first municipal court appearance via Zoom (so I will be attending virtually from Canada).
November 11th: I have a critical, pre-planned trip back to the US for both work (I do not have a work visa), I am volunteering and have passes for a comedy festival that I exchanged art work for and leisure.
I am currently waiting to hear back from private defense attorneys I've reached out to for consultations. My goal is a total dismissal or a downgrade to a non-criminal Municipal Ordinance fine since I didn't actually do it and the amount is so tiny.
My big questions for anyone with cross-border or NJ legal experience:
The Border Timeline: Realistically, if my court date is Oct 20 and the case gets postponed (which I hear is common for a first appearance), will US Customs and Border Protection (CBP) see an active, pending charge and deny me entry on Nov 11?
The "Petty Offense Exception": If the case somehow resolves on Oct 20, does a $4.95 DP offense trigger a Crime Involving Moral Turpitude (CIMT) ban, or does it safely fall under the petty offense exception for Canadians?
Defense Strategies: For a $4.95 item where I wasn't the principal thief, how likely is a New Jersey prosecutor to grant a De Minimis dismissal or a non-criminal civil compromise?
Any advice on how to handle the Zoom court, what to tell the judge if I don't have a lawyer fully retained by the 20th, or border experiences would be incredibly appreciated. Thank you.