I was arrested for a shoplifting incident but the case was dismissed and I did not plea guilty. I will be traveling to India to get a H1B stamping. What are the positives and negatives about talking to the immigration attorney who filed for my H1B through my company. I have never had direct contact with the attorney. Will the attorney be under any kind of obligation to inform my employer? I am worried how my employer will react and want to avoid any kind of issues. Please advise me on the positive and negatives regarding this. Thank you
This is tricky as the employer is the attorney's client and you are the beneficiary of their attorney-client relationship. You were not convicted, which is good, so as long as you disclosed your arrest, you should be fine.
This answer is for informational purposes only and should not be construed as legal advice.
I canu nderstand your dilemma but I think it's best to disclose especially since the charge was dismissed. You were not found guilty and you did not admit to guilt. Just come clean. All the best.
I agree with fellow counsel. As long as the case was dismissed against you, not dismissed as long as you do not incur any other criminal issues against you for a specific amount of time, you should be fine. Full disclosure, in my opinion, is the best policy.
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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