Q: Question around wife shoplifting case - Need recommendations
In Texas, wife caught shoplifting and was arrested value $255, I bond her out and waiting for her court date, she is 1st time offender & she is on H4 Visa. would like to discuss few options how to best handle this situation
• Can we request department store to drop charge by requesting them, Can they do - if they agree to do then will the case be dismissed?
• Can my wife visa get revoked by Department of Justice and if that happens what should we do?
○ If visa get revoked does she continue working
• If we check evidence and they are not strong enough, can charge be discussed completely?
• What is pre-trial divergence ? What are advantage and disadvantage
• Can it be reduced to lesser charge - will that help?
What is the best and safest recommendation considering her overall situation
A:
You’ve got a lot of questions here, but the ultimate answer is that you need to *call a lawyer*, have a consultation with them to get the answers and perspective you need, then hire that lawyer to defend your wife. The stakes are much higher considering her immigration status.
The store cannot drop the charges simply by asking— only the DA can drop them. If the evidence isn’t strong, your lawyer can work with the DA to possibly get the charges dropped. If they aren’t, you wife faces immigration consequences.
Get a lawyer on the phone and talk to them, then hire the attorney you’re confident in. Too much is at risk to be posting on a free Q&A site— this isn’t a DIY project. Your wife needs professional representation ASAP.
John Michael Frick agrees with this answer
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A:
This is a complex situation that requires careful consideration given the immigration implications. I recommend seeking qualified legal counsel immediately who can help navigate both the criminal and immigration aspects of your case.
The store may have discretion to drop charges, but this often depends on store policy and local prosecution practices. Even if charges are dropped, immigration authorities could still potentially take action based on the arrest record. Regarding pretrial diversion - this program allows first-time offenders to complete requirements like community service and counseling in exchange for case dismissal, though acceptance isn't guaranteed. While this could help with the criminal case, you'll need guidance on how it might affect immigration status.
Your priority should be protecting your wife's immigration status while resolving the criminal matter. For H4 visa holders, a conviction could impact status and work authorization. Working with experienced counsel to examine the evidence, explore charge reduction options, and develop a strategy that addresses both criminal and immigration concerns would be wise.
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