Criminal Law Nyclex!please help me,visa problem!petty theft

[vinny]

Hi,
I got caught in a local department store for shoplifting.I had dropped a neclace(its original cost was 50 dollars but it was in 75% off clearance)but shop people told me that clearance price/sale price wont apply for shoplifters.Police came and gave a citation for me with out any arrest.I was sufferring from postpartum depression and serious family problems,so unknowing i did that mistake.and i wrote the same in their paper work for security gaurds.I had hired an attorney and he said that he can help me in getting no legal problems by changing the charge to agricultural trespass,to which i am likely to get a dferred sentence.this is my first offense.I am staying in USA on H4 visa status and I am going to school for masters.I am very much confused how to deal with the case.If I get deferred sentence on agricultural trespass,will i get any immigration problems?I need to extend my visa next year beginning?please help me.Is my lawyer proceeding in correct way?please let me know.This is my life problem
Thanks

 

[mrcastro]

Number one rule, DONT plea guilty!!!
Ask your attorney to get you into pre-trial diversion program (if your state offers that). After successful completing diversion program your case will be dismissed, no conviction.
what state are you in?

 

[vinny]

i live in colorado

 

[Husty]

Shoplifting is a CIMT, that's clear under immigration law or so it appears. Deferred sentences will not mean much here, the "official finding or admission of guilt" is what really counts. Look at the statutory definition of the offense you'll admit to and if the maximum sentence is a year or less and you receive 6 months or less you're pretty much safe.

I'm not an attorney but I really hope this helps.