Misdemeanor theft first offense

No criminal history, fist time
offender charged with misdemeanor
theft from walmart. Item stolen
worth 7.98. Is there any chance
that my case could be thrown out
or possibly i can get pretrial
intervention?

Asked on November 5, 2017 under Criminal Law, Louisiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since you have no prior criminal record the court may allow for a special probation known as "diversion" (i.e. pre-trial intervention). This is an alternative sentencing tool that allows a defendant to clear their criminal record upon its successful completion. Basically, you'll go to court and plead guilty to the charge; the judge will then issue  a special probation (community service, payment of the fine, resitution, etc.) and if the sentence is fully completed, your plea will be withdrawn and your case dismissed. Basiclly, the case will be "diverted" out of the criminal justice system, so you will be left with a clean criminal history record. That having been said, if you retain a lawyer and they can get the charge dropped on a technicality, etc., then diversion would still be available to you in the future *(hould you need it) since you would still be considered to be a first-time offender.


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