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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4374
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My daughter got popped for shoplifting 557.00 worth froma department

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My daughter got popped for shoplifting 557.00 worth froma department store, she is a college student first run in with law ever, they nabbed her leaving the store, But then went and searched her car and found a bottle of r/x pills unlabed and they were hydrocodeine/ vicodin. So she is charged with 3rd degree theft and possesion of a prescription drug, while interrogating her they threated violence, when she said they were hers until she said what they kept saying he had them for was resale. they said it would be easiar on her if she said that, well of course a 20 year old thought the police wasbeing truthful, This is in Iowa what are the chances of getting any of this dismissed,, Or shold we just pursue a deferred judgement , and try to help her keep clean, She spent a day in jail she feels very low and stupid and sorry for what she did, She had always been a good child, I have no idea what posessed her to do this?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.

It is unlikely that the case would be dismissed straight out unless the prosecutor finds something wrong with their case (missing witness, etc.). A deferred judgment or diversion program is her best bet for getting out of it without a record. I'd suggest getting her a lawyer to negotiate the best plea on her behalf. If you/she can't afford a lawyer, she can apply for the services of the public defender to represent her during these plea negotiations.
Customer: replied 7 years ago.
This happened in Johnson County, Iowa city Iowa, Would the diversion be a better Option and is it available in Iowa or Johnson county for young adults, I would gladly take her to the classes or whatever it takes, The jail time truly made her realize what a huge mistake she made. I really do not want her to have this black scar on her record the rest of her life, She was always a good kid just got on her own and caught up in the wrong crowd, And she now realizes it. Her self esteem is really low, and I try to tell her this will all pass with time if you keep your nose clean. Anyhow all I am asking is if you can tell me if this program is offered in Johnson County Iowa for a 20 year old adult first offense of anything criminal. And then I will do the accept , Thank you
Expert:  Hammer O'Justice replied 7 years ago.
It looks like in that particular county the main diversion programs involve DUI or mental health. It is possible that the prosecutor may have some other kind of diversion program available to her, but she won't find out if that is on the table until she goes to court. Diversion and deferred judgment are not much different from each other and both result in not having a record, so if either are offered to her they are probably her best shot.
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