Shiplifting on h1 - which Diversion Program is best

[VSLILA]

Hello,

 

Last I was arrest for steeling some cloths from a store, Actual cost my be around 200, but they have charged retail prices, it came 520.  Shop security stopped me and hand over to Cops. 

Police arrested and took finger prints. and give Court date Dec 2nd.

 

Contacted a Criminal lawyer. He said, since the Case is at County court we have an option to choose Pre-Trail Intervention program, With that

 

1. We need not to says either plea guilty or not plea guilty

2. No conviction 

3. No Trail

4. After 1 year of probation with 300 fine, the case will be dismissed.

 

There is a possibility that they will downgrade the case to Municipal court, there also we have a diversion program called, Conditional Dismissal. With this,

 

1. We have to plea guilty

2. the Conviction will be on your record

3. After serving the probation, the case will be dismissed.

 

I am confused in taking the decision.

 

1. From many ppl i understand that PTI is better option, since most of the time, its not plea at Guilty, and after a year the case can be dismissed and after 6 month we expunge the arrest. But

Since the original case is Felony - 3rd degree punishment for this is 3 to 5 yrs. Since its not misdemeanor How immigration treats this?

 

 

If I chose, Municipal court, I get CD - where they treat this as not felony, and sentence is 6 to 1 year.

 

I checked with Immigration attorney, she is an indian, she says anything is fine, then I understand she is useless..

 

Please you guys suggest me some good option out of these two..

 

 

[JoeF]

A felony means you won't get a GC.

You need to see a GOOD immigration lawyer, like from the law firm that runs this forum.

And the "good option" would of course have been to not steal things. You don't seem to have understood that yet. Don't do the crime if you can't do the time, as the saying goes.

[century]

Hello - Diversion program is best to opt. Shoplift is a crime involving moral turpitude.. If convicted you will be deported and also if not it will be difficult to get a job in this country or travel anywhere in the world.. If its felony then you are in bigger trouble .. ICE would take immediate action to deport the convicted person.

[VSLILA]

My Question is, if I plea at guilty ( Convicted) only, immigration will treat as felony or with out conviction also, the immigration treat this as felony?

 

Attorney says, PTI should fine, there wont be any conviction and you need not be at guilty. is he right?

 

Though I am not convicted, will it have any bad impact on my future jobs? due to arrest record?

 

by the way, if I complete the Probation may be 1 year, how soon I can expunge my arrest record? will that help to get future jobs?

 

Above all, Dec 2 nd is my court date, Hope fully they will accept my PTI request..

[century]

The arrest record itself is an issue even if you are not convicted. You will not be hired by any employer if you have arrest record. Background check companies find this. Basically the person who is arrested is screwed big time.

[JoeF]

The arrest record itself is an issue even if you are not convicted. You will not be hired by any employer if you have arrest record. Background check companies find this. Basically the person who is arrested is screwed big time.

 

A small correction: The person who steals is screwed big time.

[VSLILA]

I went court today... case was automatically downgraded to Municipal court, they offered me conditional dismissal by pleading  guilty. 1 yr probation...

[century]

Conditional dismissal is a conviction for immigration. But officially you are not convicted and hence no criminal record