What should I expect if I am being charged as a first time offender for a felony for larceny?

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What should I expect if I am being charged as a first time offender for a felony for larceny?

I am worried about being able to pay fees and what charge I will end up with? I was hoping I could get this expunged. This was a bad, naive decision and this is absolutely not my normal behavior. I have numerous people ready to attest that I have good behavior and help out at school, work, and in the community. Should I speak with a criminal law attorney? In Buncombe County, NC.

Asked on June 26, 2011 under Criminal Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

You should definitely speak with a criminal law attorney. They may be able to get the charge dismissed on a technicality, win an acquittal, or at least have the charge reduced.  If they are successful in the latter, you may be eligible for something known as "diversion". This is an alternative sentencing program which, upon successful completion of probation, will result in the dismissal of your case and your record being expunged. At this point you should consult with a criminal defense lawyer in your area. If money is an issue, see if you qualify for representation by the PD or Legal Aid. If not, then contact the local Bar Association in the county in which this has all taken place; they may have a list of attorneys who will take your case "pro bono" (for free) or at least for a reduced fee based on your income/circumstances. 

Note:  Diversion is not available for a felony charge (except certain drug offenses).


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