[john.jasong]

Hi guys,

I need your help. I was caught shoplifting at Fry's store Fishers Indiana and have been charged with a Class A Misdemeanor for a cable worth $79. I am from INDIA and here in US on B1 Visa. This is my first offense. I was taken to the police station. Photos were taken, and I was fingerprinted. I want this record to be cleaned off. Please can you advice me on these questions below:

1. Item 1 Will I be getting jail time? How can I avoid this?
2. Item 2 Can I get this cleared of my record and again return to US later?
   

[Fr_Chuck]

You won't get jail time, you will get a large fine, perhaps community service and probation

Most likely it can not be "cleared" off where immigration will not see it

[JudyKayTee]

I'm former US Customs/Immigration. It can't be "erased" from your record and I'll be surprised if the Court doesn't notify Immigration of your arrest.

[john.jasong]

But Can I try to get a out of court settlement, through my attorney.

[john.jasong]

If there was anyway I could possibly reduce the charges? Or maybe a plea bargain or something. Basically, what are my options?

[Fr_Chuck]

This is not a civil case, it is a criminal case, any DEAL is still in court deal and any plea bargain would make you guility of something. And shop lifting is about as low as you go.

It is possibe to get a first offender program, which may not show up on most public job searches, but Immigration would always see it.

Any and everything you do will be IN COURT,

[john.jasong]

Thanks a lot for the answer, any idea on how much could be the fine and what is probation?

[john.jasong]

Thanks for the answer. As my job involves travelling to and fro to USA. My question is after the case is solved and once I return to my home country, can I come back.

[john.jasong]

Also as I am here on B1 visa and visa is going to expire in 1 month, so can I get this solved before the visa expires?What will happen? I cannot afford any jail time or community time as I do not live here.

[JudyKayTee]

People who don't have the time or money to pay for their crime shouldn't commit the crime. Lesson learned, I trust.

You can't get this "solved" in one month. It WILL go on your Police record. After that it's Immigration's problem - and yours.

HIRE AN ATTORNEY.

[Fr_Chuck]

You will not get it solved in one month, you will need several months, Probation is where you are restricted in your travel and or watched and have to check in with a officer on a regular basis.

Immigration will know about it, and how they will treat it, is unknown

[john.jasong]

Can I be just fined without probation?

[Fr_Chuck]

Perhaps, now is the time to hire an attorney and get them to go in and try to do a deal that will meet your needs

[JudyKayTee]

Can i be just fined without probation?

Why would this matter? It goes on your record and will come to the attention of Immigration.

HIRE AN ATTORNEY.

[john.jasong]

Thank you.I have hired an attorney today and he has told the charges will get dismissed. But with a dismissed misdemeanor can I travel back to india again?

[JudyKayTee]

You retained an Attorney who has told you he can get the charges dismissed. Apparently he knows more about the situation than we know because in MY area that will not happen when you are here on a visa.

Ask him.

[john.jasong]

Thanks for the answer. So dismissal of Misdemenaor will remove the criminal record?
As my job involves travelling to and fro to USA. My question is after the case is solved and once I return to my home country, can I come back to USA?

[john.jasong]

Hi,

I got my case dismissed got some Community Service and attend Shoplifting Class. So please can somebody tell me what is the papers I need to collect from the Court for the case is dismissed. Also can I come to USA, will there be any problem at POE?

Please respond.

[Fr_Chuck]

After it is all over, then it will be dismissed, it is not dismissed till then

When you get everything done, the judge will issue a order for dismissal

[john.jasong]

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