What’s going to happen?
Get Legal Help Today
Secured with SHA-256 Encryption
What’s going to happen?
Both of my sisters were recently caught
shoplifting together. They are both
over 18. The total amount of goods they
had together was 88. They were put
through a book and release, but then
given a court date to appear. Neither
of them have a prior criminal
record,except a few traffic violations,
if that counts. On top of that, one is
a single mom, and has sole custody of
her child, and the other is head of
household for her family with 3
children. What can they expect to
Asked on May 22, 2016 under Criminal Law, Arizona
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
When a defendant has no prior criminal record (i.e. they are a first time offender), the courts allow for a special probation known as "diversion". This is a legal tool that allows a person to clear their criminal record upon successful completion of their sentence. pursuant to such an alternative sentencing program, the defendant goes to court and pleads guilty to the charges. The judge then issues a probation (typically community service, restitution, payment of a fine, etc). If and when the sentence is fully completed, the plea is withdrawn and the case dismissed. Basically, the case is "diverted" out of the criminal justice system. The person is then left with a clean criminal history record.
At this point, your sisters may want to consult with a criminal law attorney. Since diversion is only available to first-time offenders, if a alwyer can get the charges dropped on a technicality, etc, then diversion would be available to them again in the future should they ever need it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.