What to do if I was charged for felony larceny because I removed a security device?

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What to do if I was charged for felony larceny because I removed a security device?

The value of the merchandise was $60. I have no criminal record. What am I facing?

Asked on December 24, 2012 under Criminal Law, North Carolina

Answers:

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

Answered 8 years ago | Contributor

Since you have no prior criminal record, this then is your first offense. Under the circumstances, the courts generally allow for a special probation called "diversion". This is an alternative sentencing tool that allows a person to clear their "RAP sheet" upon successful completion. Basically, it works as follows: the defendant goes to court and pleads guilty to the offense; the judge then issues probation (typically community service and the imposition of a fine); when the sentence is fully completed the plea is withdrawn and the case is dismissed. In other words, your case is "diverted" out of the criminal justice system (so your criminal history record will be cleared).

At this point you should consult with a criminal defense lawyer. If they can get the charge dropped on a technicality or the like, then diversion would be available to you in the future should he ever need it (since it is only allowed for first time offenses).


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