Shoplifting case - need advice

[name1]

I talked to a lawyer he said that for compromise of misdemeanor we do not need store agreement. Even without store agreeing, if we have paid for the amount asked by store and have a letter from them, we can try to bring a motion to the judge for compromise of misdemeanor. Is this possible?

According to him the store where I was caught does not do civil compromises so it will be better to not call the store and talk to them. If we talk to the store, they might try to create hindrances in the way of me getting any kind of compromise. So we can work with the judge without having store on our side. Is something like this possible?

Please advise!

[name1]

One more question:-

If one of the person was not arrested and not finger printed but is listed as suspect in the police report. Case is not filed yet. So when that person goes for visa stamping in DS-156 can he/she truthfully answer as "No" to the following question:-
"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance (drug), or been a prostitute or procurer for prostitutes?"

Is there a way I can check FBI report to make sure nothing shows against his/her name? If there is a link, please email me.

[name1]

Hi All,

Please help!!

[txh1b]

Your post isn't clear on the issue/background of the case or what happened in the first place and I don't understand what you are trying to get out of it.

If you were detained by the police, it is an arrest and you have to answer yes. FBI records can only be checked by providing your finger prints with other details.

http://www.fbi.gov/hq/cjisd/fprequest.htm

[name1]

Sorry for not being clear:-

Person-A and Person-B were involved in shoplifiting (both adult) approx 1.5 months ago. Person-A was held by LP and police was called. Person-B was neither held by LP nor arrested by police. They were not taken to jail and were not finger printed. In police report it says Person-A was arrested for shoplifting. Person-B is listed as Suspect in police report.

Now Person-B has gone to India and is going for visa stamping. Case is not yet filed in the court. So in DS-156 can Person-B truthfully answer as "No" to the following question:-
"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance (drug), or been a prostitute or procurer for prostitutes?"

Hopefully it is clear now! Please advise!!

[txh1b]

Person B can answer accordingly as if they were never arrested. Being named a suspect doesn't mean anything unless one was detained and held by the police.

[name1]

Thanks txh1b.

And if case gets filed in court before the visa date, then what should Person-B say, Yes or No:-

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance (drug), or been a prostitute or procurer for prostitutes?"

[txh1b]

As long as B was never charged or arrested, the answer remains the same. If the situation is different than what is disclosed here, talk to an attorney.

B has nothing to do with the crime other than being named a suspect.

[name1]

Thanks for your response. I talked to lawyers and they said that Person-B can answer no.

The lawyer told that if they qualify for diversion (high probability), it will not go to court and they will need to attend some kind of classes or program. He also said that Person-B might also be asked to attend the diversion program along with Person-A - don't know and depends on prosecutor. Can any one tell that in such cases, What will it show on record when there is arrest but no case filed in court due to pre-trial diversion?

Another question is that when will it go to FBI if no case is filed in court? If it has not gone to FBI till now, when will it go? What is the trigger? This is more for Person-B who will be coming to U.S. in next two weeks and is worried about POE. Timing thing....

[txh1b]

Person B has nothing to do with the crime unless charged. One goes into FBI record when arrested, fingerprinted and processed.

[name1]

Person-B got the visa this week. However, Person-B is worried about POE now. Person-B is traveling to US in a week. If case gets filed by the time of arrival or Prosecutor sends notice for pretrial diversion, could officers at POE see the record of the same and could Person-B face any problems at POE. In such a case, are there any documents from court or lawyer that Person-B can carry from immigration perspective, that might help at POE? Just wondering..Do you have any advise or pointers?

[my_dream]

hello please help my friend

hello,

My friend was ore caught for shoplifting by store manager.luckily he didnt call the police so there were no involvement of police. but he took his information and get signed on a paper which he told to send to lost prevention department and it will come by mail in 2 weeks.
at the same time my friend's h1b visa process has just started
so my question is does this will his visa process? does it will be a record for whole life . let say if he gets letterto pay fine and he pays on time so what would happen? please help me to guide him or to him .
i will really appreciate your help