Disorderly Conduct / Retail Theft - H1B Urgent Please help.

[RD_S]

I did a mistake and am sorry for it big time. Please help me, it's very urgent as I am travelling to India after 5 days.

I was caught for Retail Theft (less than $30) in a store, Cop gave me citation/summons. Based on my background check, and this being my first offence ever, he charged me for "Disorderly Conduct". Now I have an option to plea guilty to Disorderly Conduct, and pay the fine.

I am not sure what is good for me in long term !! Shall I plea guilty to Disorderly Conduct OR plea not guilty and request the judge for forgiveness (may be store person doesnt turn up and case is dismised, not sure how that works but just read it somewhere.)? Will Disorderly Conduct charges hurt me in furture from immigration stand point? I am on H1 now.

I am travelling to India after 5 days and will be going for H1 stamping. Before this incident happened, I had already filled DS-160 online and taken an interview appointment and hence, on DS-160, I had selected "NO" for the question "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?".

Now shall I cancel my existing stamping appointment, re-fill DS 160 again, put "YES" to arrested/convicted question, and take new stamping appointment? (Because I am unable to change already submitted DS 160).

Shall I cancel / postpone my India trip until this is resolved?

I really appreciate your help here.

[RD_S]

Also wanted to add: there was no arrest, no fingerprints taken, no photos taken.

[txh1b]

Without knowing the exact code, state and the charges, it is difficult to tell. Disorderly conduct is a small offense and the likely impact on immigration is minimal.

I am not sure if you were arrested and released on personal recognizance. If so, you have to say yes on DS forms. In some states, they process finger prints later on. If this is a municipal ordinance violation, that is much better.

However, travel and visa stamping is not suggested at this time when the court case is pending as the VO may request a final court disposition before approving the visa. That will leave you stranded.

[RD_S]

Thanks txh1b for you reply. I appreciate it a lot.
State: PA,
Crimes Code title 18,
Section 5503,
Sub sec A4

Does the charge above look like a charge that will have an impact on immigration in future? Does it make sense to plea not guilty and fight it to downgrade it further (Cop who gave me the ticket in a store gave me ticket for Disorderly Conduct and not for Retail Theft)? Possibily what can it be downgraded to? I talked couple of lawyers, they said it is hard to prove that Retail Theft was not intended because I was clearly caught stealing, hence the only hope is if store person / cop doesnt show up because of the small amount.

Also I am not sure if I can call it as "arrested" because store person/cop asked me to sit in a room inside the store, cop gave me the ticket and explained it. On ticket, there are two check boxes under the head "Case Instituted By" (1) On-View Arrest (2) Citation/Summons. "On-View Arrest" is checked on the ticket.

Any idea if Pensylvannia is one of those state who processes fingerprints later on ?

Is "Final Court Disposition" same as "Docket Transcript? I called the court and they said Docket transcript has seal and sign from judge, and also shows charges, and fine due $0.

Sorry, my every sentence has question, but I am so confused and freaked out so much.. I just wished this was a dream, even I could not figure out how all this happened !!!!

[txh1b]

As you were detained in the store in addition to the onview arrest being checked, you were arrested but charged with disorderly conduct which generally does not involve taking one to jail.

I am not really familiar with the PA laws, but pleading guilty would be your last resort. A good lawyer should be able to fight the case for you or seek a reduced charge or get it totally dismissed. DC itself is a reduced charge as such in comparison with retail theft.

VOs would need FINAL court disposition. What you are getting is just a charge sheet or a docket statement. I have run into people on forums that got stuck at visa processing landing in a catch 22 as a court disposition would not be available unless the person comes to US.

As far as future consequences go, for DC - as it is a minor charge and does not involve CIMT, so immigration perspective - you will have delays but no negative impact.

Get a good lawyer and try for dismissal. If the store sends you a fine to be paid, consult with your lawyer and try to negotiate with them to withdraw charges and then you can pay the fine and get over with it.

Good Luck!

[RD_S]

txh1b, thanks again for replying to all my questions.

DC is already a reduced charge for Retail Theft. If I plea not guilty and go to court, is it possible that judge may increase the charge from DC to Retail Theft ?

I think I will try again talking to the court person about Final Court Disposition.

[txh1b]

If I plea not guilty and go to court, is it possible that judge may increase the charge from DC to Retail Theft ?

I don't think you are familiar with how the court system works in US. If you plead guilty, the judge will have the option to levy the maximum fine for that particular offense and jail if there is a jail term. Does not happen for first time offenders in general.

In general, the rule of thumb is not guilty until proven beyond reasonable doubt by the state that you are guilty.

A judge can only deal with what you were charged with. They do not have the authority to increase your charges. Only a prosecutor can charge you or drop your existing charges as Nolle Pros and get everything cleared for you.

If that happens, you can seek an expunction.

Do more reading and digging on this and consult few lawyers. Most have free consultation. If you talk to 10 of them, you will get more knowledge of the situation.

[RD_S]

I am sorry txh1b, you are right, I am not familiar with the court system. However, thanks for helping me out and clarifying my doubts.

I am confused about what you said ("If you plead guilty, the judge will have the option ......). To my understanding, I have a ticket with a charge of DC, and if i want to plea guilty, I can go to court office and pay the fine (or mail them the fine), and be done with this. I checked it with couple of lawyers and also with the court person about this. Let me know if this doesnt seem right.

If I want to plea not guilty, court will send me the hearing date. I will go to court that day with lawyer. My question is: can the charges against me be increased to Retail Theft (by anyone at the court including prosecutor, I am not sure of the process of meeting prosecutor/judge). I am asking this because I already have a reduced charges from Retail Theft to DC, I was clearly caught stealing at the store and now if I try to downgrade it further - from DC to dismissal or so, can it bounce back on me? Meaning, will they (court) increase the charge to Retail Theft saying you were caught for this originally. If possibly yes, then at that time, do I have an option to withdraw my "Not guilty plea", and pay the fine for "guilty plea"?

Sorry, you may think I am the person with the least knowledge, but I think this is what happens when I am confused & freaked out, and even after talking to 8+ lawyers, I get more confused about what to do next. Nonetheless your help is absolutely greatly appreciated here. Thanks a ton for posting replies, it is helping me a lot, a lot.

[txh1b]

I was posting generic information on pleading guilty in US court system. No, charges cannot be increased on the fly.

There were no reduced charges for you. You were initially charged with DC, that is it! No question of RT. Why are you bringing RT into the picture?

Dismissal can be possible. The easy route will be to pay fine and be done with it. What that would mean is it would remain on your record.

If you are able to get a dismissal, you can expunge it like it never happened.

I can understand your frustrations and confusions. Stay positive and you can put this incident behind soon. You are lucky to be charged with DC in the first place. People get charged with RT and getting that reduced to DC itself is a challenge.

As you started out with DC, I am asking for further better results to be tried for by getting a dismissal. A good lawyer can make anything happen.

One thing you can be assured of is whatever you decide, a DC will just cause delays but no material harm to your immigration.

[RD_S]

Thank you very much txh1b. I really appreciate your advice and also moral support. It matters very much during this difficult and confusing time. I am going to have a lawyer to represent my case. I will post my outcome here, so that it can also help others.

The question I have now is: what are the options?

1. The best option is to try for dismissal. (Any word of advise how to make this happen, restitution to store, etc. ?)
2. I read about Municipal Ordinance Violation. If given an option, is it better to plea guilty to MOV than to DC ? Any specific MOV, I am in state of PA.
3. If that does not work, what else I can possibly get "Disorderly Conduct" downgraded to? Anything else ? What else can I be given alongwith primary concviction? Probabtion, Community service??

Please share your views so I am better prepared even while talking to lawyer.

[RD_S]

Finally my ticket was dismissed. I took help of lawyer to represent me in the court, it was certainly helpful. Some $ spent now is going to help in long run.

If you ever get into a situation, talk to few lawyers. In my case, some had totally different views than others.

Thanks to txh1b, your replies were of great great help. Thanks a ton.

[love123]

In similar situation!! What did plea??? guilty or not guilty??

[txh1b]

Never choose that path without talking to a lawyer or you are screwed for life.

[ikon321]

I am in similar situation and have to go to india for stamping

I have a couple of questions for RD_S, which could make a ton of difference to my present situation.

1. Did you goto India with a differed date for court hearing? and was the case dismissed after he came back?
2. Did you put YES or NO on DS160, where it asks for arrest or conviction.

I talked to a local attorney and he thinks that I can put NO as I was given only a Municipal Ordinance citation. Not sure if he is right....

Finally my ticket was dismissed. I took help of lawyer to represent me in the court, it was certainly helpful. Some $ spent now is going to help in long run.

If you ever get into a situation, talk to few lawyers. In my case, some had totally different views than others.

Thanks to txh1b, your replies were of great great help. Thanks a ton.

[lindahd]

In that situation, Better to talk with a lawyer before taking that path.


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