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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34264
Experience:  16 yrs. of experience including criminal law.
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My daughter got her first Minor in Pocession and needs to plead

Customer Question

My daughter got her first Minor in Pocession and needs to plead in court this morning. U of A offers a diversion proram for first offences. is she better off pleading not guilty so she doesnt have this on her recored forever?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist. Sure, she is better of pleading not guilty IF she is not guilty or if the state can not prove her guilt beyond a reasonable doubt. However, if she is guilty and the state can prove it...Diversion is an excellent program...this will prevent the conviction and in CA, after a period of time she can apply to expunge (seal) the record.

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Customer: replied 7 years ago.
She blew a .038 on a breathalizer. So she is better off pleading Guilty and asking for the diversion program then Not Guilty and asking for the diversion program?
Expert:  P. Simmons replied 7 years ago.
Sorry for the confusion.

She will need to plea guilty to get diversion. If she pleas not guilty, they will not offer diversion.

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