Caught for Shoplifting, need advise

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user_2009

Registered Users (C)
I was caught for shoplifting in a store in WA and they called the police. Police took my statement in which I accepted what I did. My wife was also involved but neither store nor police called for her. They just asked me for her name and her Date of Birth. Police said i will get a court notice. I know we did wrong. I have following questions now:-

1. Reading on the websites and forums, they suggest to not accept to be guilty. Should I have not given my statement to police?

2. Can me and my wife get a jail term?

3. Will police inform my employer?

4. I am on H1B and my wife is going to India and need to go for visa stamping. What affect can this have on her visa stamping?

5. My wife is going to India in two days - should she not go to India? I do not know if the court notice will also ask her to appear in court and if stamping is rejected and she cannot come back, what will happen?

6. How can this affect my H1B? How can this affect my GC which is underway - My I140 is approved?

Thanks for your help!
 
Thanks GotPR. What kind of lawyer should I contact. Any idea how much do they charge.

Any other senior members, please guide me.

I got myself into trouble due to this stupid act of mine. I took some merchandise and I was actually going to pay for it. But my daughter was hungry so I was just going out into the mall to buy something to eat for her and then I was going to come back and pay for it because my car was parked on the other entrance and I had to go through the store anyways. I did not say all this to the loss prevention and police officer because they said it would work best for me if I cooperated with them and I said yes to whatever they told because I was so nervous and I thought they will never believe me.
 
Look, you need to talk to a good lawyer. your name will likely come up in the port of entry verification soon.I still cant understand how stupid one can be.they are treating H1bs so hard and there are innocent people & family in limbo because of the actions (rather inactions) of USCIS. and then there are actions like . To be honest with you, i would not be surprised if they reject your visa stamping or entry. so you better get a lawyer and fight on this issue. I personally dont think plea deal will do you any good here. may be experienced people can comment
 
Yes, the above answer is very correct. "talk to an immigration lawyer".
The issue is that if you plead not guilty, then you wIll likely get a trail mostly by jury and if convicted you can go to jail which does look really bad on your record. However if your lawyer can get a defendant lawyer to plea for a lesser offense or something where you can just restitute and do community service, it will still be on your record but does look better than jail time.
When it comes to your immigration staus, each crime does have its weight, a misdemenour will not get you a denial, but most felonies will depending on the type.
About the visa to india, i am not sure if that incident will come up on your record yet, like you said, you have not been tried yet, therefore no court descision has been made yet. I guess you will not know that part untill she comes back from her visa processing.
But really get a lawyer, you might walk out of your mistake free or with little punishment, and the conclusion is..."PLEASE DO NOT DO ANYTHING THIS STUPID AGAIN, NO MATTER WHAT SITUATION YOU ARE IN"
 
Thank you all for your response.

Does any body know any good immigration lawyers in WA state who have dealt with such cases? Also any pointers to places or websites where I can get information on lawyers will also be very helpful.

I might be going to India for good in June this year anyways if I do not get any projects due to slower economy so I would also like to understand my options if I am going for good and may not come back in near to mid term future.

I really appreciate the valuable information everyone is providing. I want to put this behind me with as minimal impact and as less or *no* punishment as possible and I will never commit anything stupid ever again.
 
you should wait for the court notice and then hire a criminal lawyer and try to drop the charges. If your charges are dropped you will be able to get back. May be you should discuss this with a criminal lawyer in your area and see what are the options.Is ther any way the shop owner will drop the charges. your immigration lawyer comes later when you want h1b/485 represented.
good luck
 
I know nothing about lawyers. Does anyone know how can I find criminal and immigration lawyers in WA state? Also how much do the lawyers charge (range is fine so that I am better prepared)? Do they spend few hours or a lot of time on the case because I am guessing that accordingly there fees will be more?

Also typically in how much time the court notice is sent from the time the incident occurs?
 
Hi,

Senior knowledgeable members please help!!!

I need some help finding the lawyer. I know nothing about lawyers. Do you know how can I find criminal and immigration lawyers in WA state? Also how much do the lawyers charge (range is fine so that I am better prepared)? Do they spend few hours or a lot of time on the case because I am guessing that accordingly their fees will be more?
 
Unfortunately, Shoplifting is a CIMT

user_2009 said:
Thanks GotPR. What kind of lawyer should I contact. Any idea how much do they charge.

Any other senior members, please guide me.

I got myself into trouble due to this stupid act of mine. I took some merchandise and I was actually going to pay for it. But my daughter was hungry so I was just going out into the mall to buy something to eat for her and then I was going to come back and pay for it because my car was parked on the other entrance and I had to go through the store anyways. I did not say all this to the loss prevention and police officer because they said it would work best for me if I cooperated with them and I said yes to whatever they told because I was so nervous and I thought they will never believe me.
Click to expand...
Talk to a lawyer. Unfortunately, Shoplifting is a CIMT (Crime Involving Moral Turpitude). Even if there is no jail-time served, a mere indictment for this offense can and will have immigration consequences. What you should be very careful is that you can't have a double-strike on this one. The next time you are caught for another CIMT, surely you will be placed under removal proceedings. You can confirm this with your lawyer.
 
Thanks for your responses.

Incident happened 8 days back and I did not get finger printed. So is it true that it will not appear in the criminal background check until court makes a decision? I may be getting a good job opportunity soon and I am trying to figure out if I should switch job or not and if I can, until when can I do it safely? Will it appear in background check if the potential employer does one?

Again, what if I want to change apartment? Will it appear in background check if the apartment management does a background check?

Thanks for your help.
 
Thanks.

Can anyone recommend good criminal lawyer in Bellevue/Seattle, WA area?

I am looking for a lawyer who goes to the court often and is close to DA. If he has immigration experience or contacts, it will be preferable but not necessary.
 
I was arrested for shoplifting case (did not go to jail and fingerprinting not done yet). I have an urgent need to go to India. If I am not finger printed yet, can I go to India, go for visa stamping and come back. Can I have any problems in visa stamping and at port of entry?

This is urgent. Senior members please reply.
 
Go to the police station under which precinct the mall is located! Ask them what court date has been set for the case and ask their opinion if you can leave for India and come back within a few weeks/months.

If you were not fingerprinted or arrested, then the chances are that you may be fined. IN all, you should talk to a local criminal attorney ASAP.

Google for your city's bar council and they would be able to give contact info of attorneys specialized in criminal law in your neightborhood.

Good luck
howdy_howdy
//
 
Thanks howdy.

I called up police station and they have mailed me a copy of the case report and asked me to contact the court for further information. I called district court and they said no case has been filed by prosecutor yet so I should wait. Incident took place 19 days ago. My question is that when will it appear in FBI records, etc. Only when a case is filed with court? So if I go to India before my court date, will there be any problems for visa stamping or at POE.

Your and other senior members' advise is very much needed and appreciated in this tough time.

I am also trying to get a lawyer. I contacted local bar association and waiting to hear from them.

Thanks again!
 
Thanks for your response. I talked to a lawyer and she said that I should wait till the case gets filed in the court because once we know the case, we will be able to better decide what action to take. Is this true? Can nothing be done till case is filed in court? Cann't we avoid getting to court and do something to take care of it prior to getting to court? Can lawyer talk to prosecutor and do something even before case goes to court?
 
user_2009 said:
I was caught for shoplifting in a store in WA and they called the police. Police took my statement in which I accepted what I did. My wife was also involved but neither store nor police called for her. They just asked me for her name and her Date of Birth. Police said i will get a court notice. I know we did wrong. I have following questions now:-

1. Reading on the websites and forums, they suggest to not accept to be guilty. Should I have not given my statement to police?

2. Can me and my wife get a jail term?

3. Will police inform my employer?

4. I am on H1B and my wife is going to India and need to go for visa stamping. What affect can this have on her visa stamping?

5. My wife is going to India in two days - should she not go to India? I do not know if the court notice will also ask her to appear in court and if stamping is rejected and she cannot come back, what will happen?

6. How can this affect my H1B? How can this affect my GC which is underway - My I140 is approved?

Thanks for your help!
Click to expand...

The law generally defines shoplifting as intentionally taking an item without paying for it, or intentionally paying less for an item than its intended sales price. One must be careful never to hide or conceal an item that has not been purchased. Do not put an item into a bag you are already carrying before you have paid for it, even if you are within the store and may intend to pay for the item.

One can be prosecuted for having the intent to shoplift. Changing or manipulating price tags, removing shopping carts or other store property, and committing refund or return fraud are all also illegal acts.

Many of those caught are taking relatively inexpensive items, often valued at well under one hundred dollars ($100). These individuals are usually remorseful and frightened. Even stealing a small item is no minor matter in the area of immigration law. It can and does create a myriad of immigration problems. See http://www.greencardapply.com/news/news07/news07_0110.htm
 
Last year I got a traffic infraction:- speeding ticket, went to court and paid fine. Could that make matter any worse for this shoplifting case now by having a traffic infraction case in history?
 
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