If I as arrested for shoplifting, what is the best way to settle this without a trial?
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If I as arrested for shoplifting, what is the best way to settle this without a trial?
I was arrested 3 days ago for shoplifting $170 worth of product from a local retail chain store.This will be my first offense and I wondered how long should I wait to talk to the prosecutor as I want to try work a solution where I pay restitution to the business and enter a pre-trail situation that would take this off my record. How should I go to the prosecuter or do they contact me or will I recieve a letter?
Asked on November 27, 2017 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Pre-trial diversion is not granted automatically but lies within the discretion of the prosecutor subject to some judicial review. Accordingly, typically you must file a motion with the court explaining why you are a good candidate for such a program. That having been said, you really should have an attorney represent you on this. They may be able to negotiate a less formal deal that does not require you to use up your diversion. If you can negotiate such a deal, it would be in your best interests to do so since you can only use a pre-trial diversion one time. Therefore, if you enter into a less formal agreement that results in a dismissal of your charge upon the payment of court costs after some time has passed, diversion may still be an option in the event that in the future, you are charged with another crime.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Pre-trial diversion is not granted automatically but lies within the discretion of the prosecutor subject to some judicial review. Accordingly, typically you must file a motion with the court explaining why you are a good candidate for such a program. That having been said, you really should have an attorney represent you on this. They may be able to negotiate a less formal deal that does not require you to use up your diversion. If you can negotiate such a deal, it would be in your best interests to do so since you can only use a pre-trial diversion one time. Therefore, if you enter into a less formal agreement that results in a dismissal of your charge upon the payment of court costs after some time has passed, diversion may still be an option in the event that in the future, you are charged with another crime.
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