Shoplifting downgraded as plead guilty to breach of peace

[Hemith]

I am on h1b. I have been charged with shoplifting case , it is unknownegly happened with me without any intension.and after two months I pleaded guilty of breach of peace as my attorney suggested me to do so because it doesn't fall under criminal case and even in background check it will not come up.In this total process I have not arrested and fingerprinted .Copes just took my name and date of birth on one white paper. Next month I am planning to go India for visa stamping. .so please let me know what all documents do I need to carry regrading mu case. And in court my last name is recored wrongly I mean only 1 letter mispelled and also wrong date of birth .

Please suggest me what documents do I need to carry for visa stamping.

Thank you.

[JohnGage2015]

Once you are charged - means there is a criminal case in US courts against you and you will have to disclose that in DS 160. Even though you are not finger printed it may be in the database. Better not lie, else you will be rejected for misrepresentation.

Now, for stamping be prepared to explain the case to VO as well as possible 221g and/or medical examination.

Carry the full court disposition and spend some money and get advice of experienced immigration attorney. VO have lots of discretionary powers so don't think nothing will happen.

[Hemith]

Thank You for the reply.

As per your suggestion I will go and meet Immigration attorney.

 

In Ds 160 form,there is a question like: Have you been convicted of any crime or arrested.......etc : For this do I need to say YES or NO.

 

Because I have convicted for "Breach of peace" and my attorney said it is not a crime.

 

Please suggest me before going to meet immigration attorney so that I can ask him few more questions.

 

Thank You.

[pleaseforgive358]

Your attorney misguided you. See if there is a way to appeal the decision and hire the best attorney. The cost might be very high but you should go with whoever will fight the case and someone you can afford.

Pleading guilty for the original charge of shoplifting is very bad to have on record. During your adjustment of status this will become a problem as shoplifting is a CIMT. Also, please understand that no matter what the court reduces the charge to in Immigration world the original charge holds. Have you been in the US for more than 5 years? If yes, that might help but again is at the discretion of the immigration officer.

If I were you I would go shopping for the best attorney who can turn things around for you. It will be hard but believe me an acquittal will help in your future. Let me know if you have any questions

[Hemith]

Judge said you would like to plead guilty for breach of peace. And I pleaded for that and paid fine .As my attorney downgraded my original shoplifting chargea to municipal court violation. And plead guilty to breach of peace is not CIMT right. Please correct me of I might wrong .2 yes back I am to USA.

[pleaseforgive358]

My suggestion is considering that you genuinely had no intention to steal. If possible postpone the stamping and get a clear acquittal in this. The risk with interviews is that you might get a 221g with no decision for a long time and they don't have to give you a decision. There are folks who have got stamped with a conviction as well but then when you know you did not have an intention you should hire the best attorney to represent and prove that truth.

What your lawyer probably did was took your money and gave you a quick way out. That does not help. Also, shop lifting is more serious from a job perspective than DUI. I have gone through my own trouble and hence trying to help you.

[JohnGage2015]

You must be deluded to think that a person can be convicted of a non-crime. Breaking any kind of law of the land and being convicted of that is called crime, no matter what it is.

Make a proper list of questions for your immigration attorney and get the advice. You don't seem to understand the severity of what has happened here.

[Hemith]

Thank you for the reply.

I am going to meet immigration attorney before submitting my DS160 form.

And today I got my court certified disposition letter.

I would like to know what is the best site to check my background and FBI records.

[pleaseforgive358]

Mr Newbie,

I couldn't stop myself from writing this message. And like 'sohelas' has said "You don't seem to understand the severity of what has happened here" .

Don't go for stamping. The best of Immi attorneys will not tell you anything to do with what to do in a criminal case. The will use what you have - documents and take the case further so that you don't drown. That is fine.

But I am once again emphasizing that you know you did not do anything wrong. You should see all possible options hire the best criminal attorney. Get this straightened out and then go for stamping.

 

Let's say you get the visa and don't do anything about this. Then in future you will always have to explain what you were arrested for and what the conviction was for. Any layman here understands what you really did if you don't get an acquittal. Stealing is a big deal no matter how small the price of the item. It will bite you in the future. It's bigger than solicitation. And with visa and possibly a gc later if you are arrested/charged for anything in the future in the US. You will have no diversion - no deferred prosecution because your record will always show this charge. And they will screw you. Think that this happens again - you come out of a shop with something with no intention to steal - you will get jailtime.

 

Let's say you do not get a visa. Then you will live in whatever country you are from. But remember for the life of you, you were arrested for something and there was a conviction. You will have to declare this for all international travel. You will have to declare this in any form that asks for it. You cannot say it was reduced to something else.

 

I have been through this and so am telling you. But do what you think is best for you.

 

Again go out there. Get the be$$t criminal attorney. Turn things around.

[Hemith]

Thanks for the reply.

I didn't arrested and fingerprinted. Cops came to shop and took my details and went.

And at court I plead guilty to breach of peace as it does not comes under crime and I paid fine to court.

May 27 I am going to India for stamping and even I declared yes to question I d's 160 form for have you been convicted or....etc.

I am confused like what explanation I have to give at visa for my record ...do I need tell about breach of peace conviction.

And I am carrying court disposition letter and police report with me.

I consulted few immigration attorney for this and they are asking 500 too 600 dollars. .here I am confused what they will and what suggestions will they give as they are charing high.

[Kavi28]

Hi Monday,

 

Exactly the same thing happened to me and got the same conviction. I went to stamping and came back successfully by God's grace. Hope it helps!

[mdummy]

Honestly I hate this kind of people mindset, they are in trouble they seek help from all possible ways, and they never comeback what happened later at interview, here on people need to OATH that they are going to reply the outcome then only others should reply, Pleaseforgive has written so many paragraphs of answer without any return mr Monday left which is bad

[Kavi28]

Hi Monday,

 

I'm not sure if it's to late but I've been exactly in the same situation. I got my visa stamped recently and back to US. Hope everything works out for you too. Update with the results so it would help people who have been in similar situations like us.

[mdummy]

Kavi all people are not good like you, don't expect Mr.Monday will never return your call. 

 

These people use the free service of public and again rest until they found one more issue, they will know the real value of help of others when their second issue no one replies.