What should I plead to a misdemeanor case of retail theft?

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What should I plead to a misdemeanor case of retail theft?

This is my first offense.

Asked on April 24, 2013 under Criminal Law, Illinois

Answers:

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

Answered 7 years ago | Contributor

If this is your first offense, you may be given something known as "diversion". This is a legal remedy employed in such cases that will leave a defendent with a clear criminal record. With a diversion, the defendant pleads guilty to the charge in court and is then given a special type of sentence (typically community service, fines, etc.). If all terms of the probation are successfuy completed, then the charge is withdrawn and the case is dismissed. The criminal history record is then cleared.

That having been said, you can only be granted diversion once, so you may want to try and fight the charge because if you're ever arrested again, it won't be available to you. At this point, you should speak with a criminal law attorney in your area.


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