Is it possible to have a shoplifting case dismissed by going to “diversion” of some sort?

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Is it possible to have a shoplifting case dismissed by going to “diversion” of some sort?

The case involves a big chain store that “prosecutes”.

Asked on November 22, 2012 under Criminal Law, Oregon

Answers:

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

Answered 8 years ago | Contributor

If you are a first-time offender, you will in all likelihood be able to arrange for "diversion" which is an alternative sentencing program. The way that it works is that you will plead guilty to the charge, receive a special probation, and upon its successful completion the charge will be withdrawn and your case will be dismissed. Additionally, your criminal record history should be automatically cleared.

However, diversion is only allowed for a first offense. This means that if you get into trouble again, it will not be available for you regarding any subsequent charge(s). That's why you may want to consider hiring an attoney to represent you in this matter. If you and they are successful in getting the case dismissed on a technicality, etc, you will be eligible for diversion in the future should you need it.

If this is not your first criminal charge, then you should definitely consult with a lawyer since the stakes will be higher - the penalty you face will be greater and a conviction will leave you with a criminal record.


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