Offense
Joyriding a vehicle, vessel, bicycle (499b);
Punishment for joyriding with Priors
Aggravated Felony (AF)
Get 364 or less on each count to avoid AF as theft. See § N.4 Sentence.
Crime Involving Moral Turpitude (CIMT)
Not CIMT because intent to temporarily deprive
Other Removal Grounds
No other removal ground.
Advice and Comments
Keep sentence under a year, or if 1 yr will be imposed on a single count, consider PC 487 designating a fraud offense to at least avoid an AF.
LRA Mandatory Detention: If D was not admitted to the U.S., ICE may assert that a conviction or pending charge for this offense triggers mandatory detention without bond under LRA. Defenders should try to avoid a theft-related plea for these clients, such as PC 32, 602, 594. Immigration advocates should argue that it does not meet the California definition at 484 because it has only temporary intent. See VC 10851 for a similar argument, and see more information at Overview: Mandatory Detention. (Note that people not admitted to U.S. also are subject to MD if they are inadmissible for crimes, and people admitted to the U.S. are subject to MD if they are deportable for certain crimes. See advice on Mandatory Detention.)
SB54: County jail cannot notify ICE of release or transfer someone to ICE. If state prison is imposed for having a prior conviction, law enforcement cooperation is permitted indefinitely. See SB 54 advisory at www.ilrc.org/crimes-summaries