[hiranmai]

Hi...
First of all I am feeling very guilty that at the age of 33, I was filed up for a shoplifting case at Walmart in Wisconsin for amerchandise of 168$. And my court date is on feb 18. We came from India, I had full aspirations for my carrier and higher studies. Please advise me as its first time, if I accept my guilt hw the consequences will b? Will it affect my visa? Have criminal record?

[timboslice222]

Ive been charged with theft twice it's a d felony that will be lowered to a misdemeanor so won't affect your visa and you'll probably get probation and have to pay restitution even if they got it back


Don't stress it too much it doesn't help just stay out of trouble and don't do drugs and probation will be easy then..


And one last thing don't go in and say your guilty go to your first court date then go talk to a lawyer who will make the plea with the prosecutor if you can't pay for one they have to appoint you one

[mogrann]

Please provide links that it won't affect his visa as I think it would This forum needs to post factual information not opinions

[odinn7]

You can't just guess in the law section here....if you don't have factual information to relate, you can't give an answer like as if you know it to be true.

How do you know, for a fact, that this will not affect his visa? It is very possible that it will.

[Basic_Legal]

Yes the above two posters are correct. It is not as simple as that. Firstly you need to give more information: is the court attendance mandatory or non-mandatory? Non-mandatory indicates a civil action which is different to criminal.
Secondly, if it is a mandatory court order, 1. According to shoplifting laws of the state of Wisconsin, merchandise stolen of the value not exceeding $2500 is classed as a Class A misdemeanor. It is irrelevant at this point whether it is a misdemeanor or felony - shoplifting is theft and it is a crime. 2. If convicted and found guilty, you will have a permanent criminal record that will affect your future employment prospects/housing/loans and you will have to go through a long and complicated legal process to have your record expunged (wiped out). 3. As you are in the US on a visa, the immigration authorities can get involved and have the right to do so. So yes, it can affect your visa.
I advise you to contact a criminal defense lawyer as soon as possible in order to proceed. I also advise you to consult an immigration lawyer. Why? Because section 212 of the US Immigration and Nationality Act discusses "admissibility" concerning foreign nationals who commit crimes, so a correct pleading for a US citizen may not be the correct pleading for a foreign national as they will different implications. Please ask if you need further clarification and I will try to help.