Location:Superstore in Greenwood, INDIANAPOLIS,IN
Amount of goods =$390,
Charges: IC ,35,44,2,1 charged with Shoplifting/Conversion as the charges.
County (Jhonson county place of incident) is different from where I stay (Marion County).
Items were kept in a purse : Approx 13 pieces of (jewellery & cosmetic) and a pair of undergarments worn.
Stopped at the exit gate by a department head .
I immediately handed over the 1 item in my hand like eye liner to him realizing the mistake I did. The person asked me to follow him (i told him that i can give back all the items realizing what I did was unjustifiable), and he took me to the security room/questioning room. He checked my hand baggage and i separated the items that were mine from the ones that I took from the store. He asked me to take off my jacket for checking and I gave him the jacket and he found nothing in that. He then enquired about the undergarments and then asked to take it off and left me in presence of 2 ladies which i think were from security. I took off the things in their presence (with my request to have their faces turned away). Then one of the lady went outside the room and 2 male department head people came in and all the stuff obtained from me was kept on the floor. They took all the details like name, address, phone #, SSN#, Date of birth, Height, weight, hair color. They took my picture (without any consent), then they jotted down on a piece of paper all the Items Name, Item#, Retail (and not discounted) Prices. They calculated the total cost and got it signed from me (without letting me know what the consequence of the same is or whether the total price and all items is verified by me). They talked to me neither rudely nor politely but they were directive in their orders like "You have to sign here". I was not able to completely understand what they are saying since english is not my first language. They got a paper signed that "I can not come to Kohl's" (this they told me and got it signed) but i donít know what would be the consequences if I do visit their shop again. They kept me in Security room for around 2 hrs before finally the cop arrived meanwhile they asked me to disconnect my phone and i was not able to even tell my husband as per whatís going on and what should i do and neither able to understand what was going on except that I did something i can not stand myself for even in the mirror. The cop took the Date of birth, SSN#, Phone# and gave me a ticket (without discussing me the ticket details and consequences). And the cop also directed me to "you have to sign here" and I did it.The cop told me to appear at the court on the mentioned date. THE DATE IS DUE IN NEXT WEEK and I need a sincere advice on following:
1. Whether i need to hire a lawyer to take this case to diversion or community service or pay for the items and do not let the case to next hearing or take up a Victim-Offender Program for low-level property crimes and other minor offenses
2. What is a diversion program?
3. What is a Victim-Offender Program for low-level property crimes and other minor offenses?
2. Can i get free lawyer before next sentence as my husband is the only bread earner with $50000 p.a. and since its only 3.5 months our financial status as of now does not let us have a free money of more than $1000 which could be either paid with lawyer fees.
3. Got to know from Greenwood city court that the public lawyer would be available only after judge hears the case and that i can come with my own paid lawyer. Would it affect the situation if i go alone along with my husband and requests for a diversion or Victim-Offender Program for low-level property crimes and other minor offenses?
4. Generally how much time is there between a preliminary enquiry and the trial date
5. Will my records be circulated to all immigration centers and I wont be allowed to leave the country for even any urgent matters immediately after the preliminary enquiry?
6. If my husband assignment ends before the trial date can i not be allowed to leave the country?
7. Am i a criminal with a theft of less than $400 and being new to this place and unknown to the laws and consequences can i not be pardoned ?
8. Whatís the best and worst that can happen?
9. Can i go to first hearing with my husband answering for me as I donít understand English that well?
10. What's the legal implications my husband would face if I leave the country before preliminary enquiry?
11. What's the legal implications my husband would face if I leave the country after preliminary enquiry but before trial date?
12. Can i request for a diversion program in the preliminary hearing if i go without a lawyer?
13. What should i do in nutshell? i am in a trauma along with my husband who understands me but can not do anything as he is also not aware of the laws and does not really know whether to put the available $1000 for the lawyer or ask the judge for a diversion and pay Superstore the money for the item ?
14. Can i face a deportation?
15. Should i specify my work status and VISA status in court?
Lesser important questions:
1. Can i get the work permit or not?
2. What all legal consequences would i face if i enter US next time after doing the diversion program/ not going for trial date/ not going for preliminary inquiry?
1. Out of country and First time abroad
2. It was mine 2nd month in US before I got involved in a shoplifting charge and first time i was shopping all alone
3. First offence here in US and no offences in my home country
4. Cross cultural differences and first time away from home
5. Seeing so many attractive things for the first time in life and that too abroad
6. Never been without husband/some person while shopping but this was first instance wherein something took over my mind and i did an indecent act
7. No clue whatsoever as per rules and regulations abroad and how much a person's trust or honesty is valuable
8. Not allowed to talk to my husband who could have taken care of the situation before police was involved and was not able to talk to me for 2 hrs and more
1. On a dependent VISA L2
2. No DL
3. Not working
4. Applied for EAD
Request you to please advice as precisely as possible and I would be indebted to you for rest of my life. A loving husband standing for his wife, who is as simple as possible but ran into this misdemeanor