My question involves criminal law for the state of: CA
I was caught switching price tag and purchasing it with a lower price (the price difference is $120) at Macys on a Friday afternoon. I got arrested by loss prevention staff and later the police. I was sent to the county jail, and released on OR (Own Recognizance) Sunday afternoon. I was charged with 2nd degree burglary (felony Penal code 459) and Misdemeanor (Penal code 496) possession of known stolen property.
I have a few questions:
1. I entered the store at regular mall hours, why wasn't I charged with theft but burglary (no 'breaking' element, I assume)? They did find some old price tags of earlier purchases (legal purchases) on me (used to switch for higher price tag merchandise). Does it justify the "intent" of burglary?
2. This is my first-time offense, what's the chance of reducing the felony charge to misdemeanor, or later expungement or dismissal?
3. I am on H1-b working visa here, how is it gonna affect my immigration status and pending green card application (I485 submitted)
4. I am hiring an attorney right now, should I hire someone with background on both theft/burglary and immigration?
many thanks,

