View Full Version : shoplifting in USA
11-18-2010, 11:17 PM
Me and my mom involved in shoplifting lastweek and our court date is after 3 weeks.
I am feeling very bad on this.I don't know how we did this without any shame
Happend is happend,we can't erase need to face it...
We are on Felony. We hired a criminal lawyer.And my lawyer said he will try to reduce it to misdemeanor Trespass . My visa status is H1B and my mom on visitor visa.
I don't even know these court terms and all.
I'm working in Software company in California. Can anyone suggest how to handle in the court.
Which status will help without any trouble to my visa status? Is misdemeanor Trespass will help me? How to Expunge it? and What will happen if we expunge? Is it shows in the background check if i want to change the job?
Can anyone please suggest what is going to happen in my case? Please suggest me and guide then i will ask my lawyer about that.....
11-19-2010, 01:06 PM
Watch the video and listen carefully.
A shoplifting incident is not the end of the world.
The best you can hope for is an outright dismissal but if that doesn't happen, then the alternative is:
California Penal Code (CPC):
490.1. (a) Petty theft, where the value of the money, labor, real
or personal property taken is of a value which does not exceed fifty
dollars ($50), may be charged as a misdemeanor or an infraction, at
the discretion of the prosecutor, provided that the person charged
with the offense has no other theft or theft-related conviction.
(b) Any offense charged as an infraction under this section shall
be subject to the provisions of subdivision (d) of Section 17 and
Sections 19.6 and 19.7.
A violation which is an infraction under this section is
punishable by a fine not exceeding two hundred fifty dollars ($250).
11-19-2010, 02:28 PM
Thank you so much for the reply.
My lawyer is not saying anything about dismissal chances. And he is just saying he will try to reduce it to "Misdemeanor Trespass".
Is it causes any problem to my H1B status? And In March 2011 my visa going to expire and my employer will apply for Visa extension. But I didn't tell anything about this to my employer. Actually i don't want tell why because its a very bad thing.
1. If my employer applied for visa extension,is he knows about the case?
2. Can i get visa extension without any problem?
3. Is there any problem if i want to change the job?
If my case goes to "Misdemeanor Trespass",what i need to do to not show up on the records? not show up on background checking?
Please share your suggestions....Thank you so much for your time
11-19-2010, 04:23 PM
Visa stamping will go through delays. GC process will go through delays and could have adverse impact due to the charges. Vis extension withinthe US is a hit or a miss depending on if your application gets picked for a BG check.
Reduction of the charges to a municipal violation like disorderly conduct is better from the immigration perspective. You need to talk to multiple lawyers and one who has immigration knowledge. If not, the consequences could be pretty bad.
What is seemingly okay type deal for a US Citizen might turn out to have a HUGE impact on an immigrant.
As far as expunction goes, it really depends on state laws. If you are convicted of the offense or even if you accept a plea bargain, the possibility of an expungement is tough and immigration has to be informed during visa forms, GC even if enpunged.
You employer may find out only if they run a BG check on you. Some major employers run BG checks every year.
11-24-2010, 01:21 PM
Thanks for the reply...
My question is:
1. Is there any chance to get dismiss my case?
2. Can you tell me which is the better one without effecting either my visa extension or new job ? either a dismissal or ? ....
11-24-2010, 01:24 PM
Dismissal or acquittal is always better. If dismissed, the case will never go through trial and you are proved not guilty. Same with acquittal but you would have to stand trial and prove so.
Your attorney should be the one that you need to talk to about getting a dismissal. They should be able to weigh in on the evidence and if you accepted guilt with an officer etc etc all contribute to the outcome.
12-08-2011, 01:21 PM
Can you please tell me what happened with your case as final outcome?
I am in similar situation.
01-02-2012, 05:45 PM
Hi all, I got charged with misdemenour shoplifting as well last week and I am very confused. My court date is on march 13. So i need to act fast. Should I look for a criminal defense lawyer or should I look for someone with both criminal defense and immigration law expertise ? I live in Atlanta. Anyone know a good lawyer in Atlanta? Any advise will be much appreciated. Thanks.