If I as arrested for shoplifting, what is the best way to settle this without a trial?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption