What to do if I was arrested for retail theft?
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What to do if I was arrested for retail theft?
It was listed as a class a misdemeanor. I have no priors and a clean record. I would prefer to not have this appear on any background searches. My court date is in 2 months. Should I hire a lawyer or can I move to have a theft-deterrent program given to me or community service? Once completed that should completely remove said offense off my record. If I ask for one of these, how should I plea in court? Or what should be the first thing I do once I’m in court?
Asked on December 16, 2012 under Criminal Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
For a first offense misdemeanor, the courts allow for a special probation, that is in most states called "diversion". This is an alternative sentencing tool that allows a person to clear their criminal record upon its successful completion. It works like this: the defendant goes to court and pleads guilty to the offense. The judge then issues a probation (generally community service, payment of the fine, resitution, etc). When this sentence is fully completed, the plea is withdrawn and the case is dismissed. You will be left with a clean criminal history record.
At this point you may want to consult directly with a criminal defense attorney in your area. Diversion is only available to first-time offenders. So if your lawyer can get the charge dropped on a technicality, etc, then diversion would be available to you in the future for any subsequent offense (if you should ever need it).
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