dr. khobragade's take on whether or not the response by indian officials is the right one here?overdone? >> i don't think anything is overdone at all. we would expect, you know on a regular basis when individuals are under investigation or about to be arrested, one thing, a courtesy that can be afforded them and certainly should be afforded to a high level diplomatic employee, is a telephone call. >> that didn't happen here? >> of course not. had there ever been a call that said you know what from the attorney general's office or from the united states attorney's office saying you know what, dr. khobragade, we have concerns, we're going to make an arrest and if you'd like to come down, we'll process you, no problem. we do self-surrenders all the time with defendants in new york, in the southern district of new york. all the time. >> why do you think they handled this way? >> they were trying to humiliate her and flex their muscle and they succeeded in doing that. >> why would they do that? >> they arrested her at her daughter's school at a public school on the upper west side of

dr. khobragade lied to the federal government in order to obtain an a 3 visa to bring her domestic workero intention of paying the required wages for the hours she requested. our clients who work as domestic workers are living in the home with their employer. so if they leave, they not only leave their legal status, they leave their only source of income. they leave the only home that they've known in a foreign country. so this is more than a labor dispute. >> once you hand someone over to the marshall service, they are being arrested. and there's no door for rich people and no door for poor people. everyone is arrested. everyone is equal before the law in the united states. >> reporter: martina vander berg has been tracking alleged diplomatic and consular abuse cases for the last decade. >> what's different about this case? the state department and the department of justice stepped up and actually took these allegations, investigated them thoroughly and decided that they had enough information, enough evidence to indict the case. >> reporter: according to the criminal complaint, the 39-y

dr. khobragade's salary, not the nanny's. >> she'll be completely vindicated. >> reporter: lawyers for both the diplomat and the nanny say attempts to resolve the dispute financially were unsuccessful. >> watching that obviously there are a lot of legal questions here. so sonny hostin, our cnn legal analyst joining me tonight. in case you missed it, thanks for sitting at the table here. >> sure. >> let's bring with 3:$3.31 an hour. it's outrageous a diplomat would be paying a housekeeper, nanny, whatever you want to call it. but is it legal to privately hire a babysitter and pay so low? >> no, it's not. you have to pay minimum wage. i think what is fascinating about this she also is accused of forging these visa documents and basically saying i am going to pay her $9.75. then she execute this sort of side agreement that says no i'm only going to actually pay you $3.31. perhaps in india is an appropriate wage or perhaps even good wage. that is not an appropriate wage here. and so i think many people are shocked. i mean, many working mothers like myself have nannies. and those are the people

dr. khobragade's salary. not the nanny's. >> she will be completely vindicated. >> reporter: lawyers for both said the attempts to settle it financially were unsuccessful. the charges come after a five-month investigation by the state department and tuesday attorney here in manhattan in june after working for the family for about eight months, the nanny decided to leave shelf went to an immigration lawyer. she is currently in new york. she is staying with friends. she has no passport. the u.s. government has given her a temporary legal status which means she can stay here and work until this is resolved. >> thank you. international correspondent is in new delhi. will secretary of state kerry's comments do anything to quell the outrage? >> reporter: well, india is just waking up to news that secretary of state john kerry had called the national security adviser here to express his regret. it will help calm tensions? i think the feeling is that up until now, india has been really, really angry. india has been s

dr. khobragade's salary, not the nanny. >> she'll be ven dindicated. >> reporter: deborah feyerick, cnn, new york. >> let's go live now to new delhi. mallika kapur is there. any sign with these high-level talks that are going to happen of the tension being diffused? after all, both countries, they don't want this getting out of control. it's an important relationship. >> reporter: well, u.s. secretary of state john kerry made a start, you know, by calling india's national security adviser and expressing his regret over the incident. it was certainly a good start by john kerry. but clearly not good enough for india. and now india's external affairs minister says he wants to talk to john kerry and he's hoping to do that in the next couple of hours. he says when he does talk to him, he is going to demand an explanation and also going to ask that the diplomat be returned home and he says it's very, very important that the u.s. explains their behavior, which india termed barbaric. he did add, that, neither side wants this to get out of control. they're both very important allies for each othe