Caught Shoplifting, First Time Offense, in Pennsylvania

My question involves criminal law for the state of: PA

Hi,

I was cught yesterday at Wal-Mart for retail theft amounting 80$. I got processed and cop got my fingerprints. Now what are the options I have to remove this from my criminal record? This is my first offence.

Please let me know,
1. If I should apply for ADR? Is it easy to get? What should I tell the judge to apply for ADR? How long it takes for ADR program?

2. I will be leaving from PA in June 2011. Will it be a problem to move if I am enrolled in ADR? Also, will I be allowed to leave the country in the meanwhile? I am going to Europe in March 2011 for a month.

3. My immigration status is on dependant visa. How will that affect my case?

4. Is it possible to get case dismissed? How can I do that? Who should I contact for the same?

Thanks in advance.

It is not entirely clear from your post that you have been charged criminally, but that certainly seems likely since your fingerprints were taken.

From the context of your post, by "ADR" I assume that you are referring to some sort of diversion program which would allow you to avoid having a criminal record. Generally, though, "ADR" stands for "Alternative Dispute Resolution", which is something altogether different and refers to ways to involve civil disputes outside of court.

Do not admit guilt to anyone. What you need to do is consult a criminal defense attorney in your local area. That attorney, if competent, will know whether some form of diversion is available.

It is impossible to predict what impact all of this will have on your travel plans and any immigration proceeding because at this point we do not know how the shoplifting charge will be disposed of. If convicted, don't plan on traveling soon and it may affect immigration.

Sorry semblence. It's really ARD not ADR. It stands for Accelerated Rehabilitative Disposition. You are correct in the guess it's a diversion program. It's a pretrial probation that given a given period of probation, community service, and most important for Pennsylvania, payment of the fees that will result in the dismissal of the charges. Of course, if you screw it up you'll end up in court (for trial, ARD doesn't imply a pending guilty finding or even plea). ARD is pretty much at the discretion of the DA. While it's possible to move and protest if the DA decides against it, it's not usually sucessful.

Pennsylvania probation departments are pretty lenient on travel if you're in good standing (again if you are up to date on your fees which they are quite lenient with payment plants).

The bigger issue for this foreign criminal, is what the action will do to his visa status or whatever long term plans he has to continue residing and leaching off the law abiding citizens of the Commonwealth.

Thank you flyingron. The OP used "ADR" not "ARD" and the latter acronym is not used in the jurisdictions where I practice. So, you have helped educate both me and the OP. It is good for the OP that she or he may get diversion. I agree about the immigration concern and I would add to the OP to consult an attorney familiar with those issues before agreeing to any resolution of the case. Some criminal defense lawyers are familiar with those issues, others not.

I always refer people who have Immigration to deal with to consult with an Immigration attorney, as well.

I went through immigration with my ex-hubby. Fingerprinting, criminal background checks on both of us. Once we were married (in the US - he was Canadian), an appointment for another round of fingerprinting for him.....

I honestly don't know if they look for ALL criminal charges, or just serious ones.