Shoplifting case - Need advice!

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name12

Registered Users (C)
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!
 
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.
 
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Someone replied that it is not clear. I am rephrasing below. 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!!
 
Get a lawyer. Listen to them. Shoplifting is theft - a crime of moral turpitude that can casue the individual to be excluded or deported.


PS. You cannot "work with a judge" in the US. That implies you intend to try to compromise the integrity of that person.
 
I talked to immigration lawyers and they said person-B can answer no.

The criminal lawyer told that if they qualify for diversion, 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....
 
name12 said:
I talked to immigration lawyers and they said person-B can answer no.

The criminal lawyer told that if they qualify for diversion, 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....
Click to expand...

Okay, this I gotta ask, and will probably get banned :)
What was your motivation for shoplifting, ESPECIALLY considering the fact that you have a temporary status in the country? Intentional jeopardy to peaceful/non-eventful habitation??

Anyways, as indicated by previous posters, it is a crime of moral turpitude because it is somewhat in the same category as fraud, and if the pretrial diversion does not work out, you and Person B will go to prosecution, it will be on your record for future employers to find, and it will potentially cause a 'morality' question if you attempt to immigrate permanently to the U.S. More problematic if this is not your first crime.

If you were arrested, the state and federal agencies share criminal records, and potentially the FBI. They will file it under the category of larceny/theft. Just not sure when the FBI will get the update, but that's not a problem, they can always request information about you from local agencies if you are ever involved in any future investigation or procedure that requires your background information.

I am not the bearer of good news, am I?

Also, if the value of the goods you shoplifted is substantial, I hope you have a good lawyer.
 
Thanks for your response.

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?
 
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