Misdemeanor theft first offense

UPDATED: Oct 1, 2022

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Misdemeanor theft first offense

No criminal history, fist time
offender charged with misdemeanor
theft from walmart. Item stolen
worth 7.98. Is there any chance
that my case could be thrown out
or possibly i can get pretrial

Asked on November 5, 2017 under Criminal Law, Louisiana


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

Answered 5 years ago | Contributor

Since you have no prior criminal record the court may allow for a special probation known as "diversion" (i.e. pre-trial intervention). This is an alternative sentencing tool that allows a defendant to clear their criminal record upon its successful completion. Basically, you'll go to court and plead guilty to the charge; the judge will then issue  a special probation (community service, payment of the fine, resitution, etc.) and if the sentence is fully completed, your plea will be withdrawn and your case dismissed. Basiclly, the case will be "diverted" out of the criminal justice system, so you will be left with a clean criminal history record. That having been said, if you retain a lawyer and they can get the charge dropped on a technicality, etc., then diversion would still be available to you in the future *(hould you need it) since you would still be considered to be a first-time offender.

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.

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