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What does a pretrial diversion consist of and how long might

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it take? I am moving...
What does a pretrial diversion consist of and how long might it take? I am moving to Oregon from Georgia on June 18th, but have a pending shoplifting charge. I have a clean record, and would like to keep it that way, but would also like to leave on time if possible. My court date is June 2.
Submitted: 7 years ago.Category: Criminal Law
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4/20/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello,

Pretrial diversion is similar to probation with a suspended sentence. After taking anti-theft classes, doing some community service, paying a fine and serving a short term on probation, once you did everything successfully the sentence would be suspended so that the conviction was never entered and the case would be dismissed.

It's a very good deal because a theft conviction can make getting a job difficult if an employer does background checks. However, the term of probation would be a great deal more than from June 2 to June 18.

You should start thinking about a lawyer more seriously, because you will need him to negotiate something else for you other than pleading guilty to the misdemeanor and ending up with a conviction, since you will be unable to successfully complete a diversion program.

___________

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.
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Customer reply replied 7 years ago

Thank you, Fran. You helped me with this last week. I am so afraid of getting a shady lawyer that will hurt more than help me.

 

I know the seriousness of this offense and am more than willing to do what I need to do but really need to move. I previously worked as a marketing director and assume that most jobs nowdays are doing background checks. I am very low on funds after being unemployed off and on for two years, but will gladly pay to invest in my future.

 

I have taken an online anti-theft course, and paid for a one hour counseling session from the national association of shoplifting prevention, both which cost me almost $100. Will this help my case?

Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Hi,

The big problem is not the penalty. You could probably plead guilty and pay a fine and be done with it on a first offense misdemeanor shoplifting case. The problem is the criminal record. The standard way that these kinds are resolved most favorably is with a diversion program. It's unfortunately not the kind of thing that can get transferred to Oregon.

The prosecutor will be pleased to know that you have taken a counseling session and an on-line anti-theft class. It certainly shows that you have accepted responsibility for your offense and that you're willing to change your behavior. But whether you can parlay that into a reduction of the charges to something that wouldn't hurt you as much as a theft offense is more doubtful. That is, it's not impossible that since you can't get diversion and you are leaving the state that they'd cut you some kind of a break on a case like this, but a lawyer would have a much better chance of convincing the prosecutor to do that than you'd be able to do for yourself.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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