If a first-time offender was charged with 2 counts forgery and identity theft but restitution has been made, what kind of outcome can be expected?

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If a first-time offender was charged with 2 counts forgery and identity theft but restitution has been made, what kind of outcome can be expected?

The individual has never been arrested. Paid the money back to the victims. Are they more likely to be ordered to pay fees, do community service and be on probation or face jail time?

Asked on July 12, 2011 under Criminal Law, Louisiana

Answers:

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

Answered 10 years ago | Contributor

Restitution is a good start. It will go a long way with the judge. However, these are still serious charges. You really should have legal representation to handle your case. An experienced criminal law attorney may be able to negotiate a reduction of the charges. They may also be able to help you arrange for an alternative sentencing program known as "diversion" (at least in many states). With such a program you will plead guilty to the charges and then be placed on a special probation. If the probation is successfully completed then your plea will be withdrawn and the case dismissed. You will be left with a clear criminal record. Typically diversion requires community service, counseling (if deemed necessary) and the payment of fines (although payment of restitution may negate that requirement).


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