First Offense Petty Theft

[helpme23]

My question involves criminal law for the state of: OH

Hi, a few days ago I was caught shoplifting about $30 worth of items. I was arrested, fingerprinted, and had my picture taken. However, the police station posted my bail since I have no prior criminal charges and overall I am a good kid, I just made a mistake. However, the arraignment is about four days later (meaning tomorrow) and I am not sure how this is going to work. I have spent all weekend researching and reading forums so I have a pretty good idea about what to do. I just figured I would post and see if anyone answers. I know I need to go there and plea not guilty and ask for a PD. I am not able to afford a private attorney because I just recently graduated from college about less than a month ago. I don't want this to go pass the arraignment trial though. How does the diversion program work and how do they usually offer it to you? The police officer that arrested me was really nice and said that I would most likely be offered the diversion program and this would be wiped from my record like nothing ever happened. I am so ashamed of this and just want to get this taken care of as quickly as possible. Is there a way that I could request to be a part of the diversion program? Any advice would help me immensely. Thank you.

[PandorasBox]

Never listen to what the police tell you.

You want to plead not guilty and ask for a PD. Diversion programs are not offered everywhere, but ask for any program or plea deal you can get.

And yes...this may affect your ability to find work, even with a college degree.

[helpme23]

That's what I figured, I have looked up details and the diversion program is offered here. Is there any possibility that the prosecutor will just offer me the program? If they do not, I will plea not guilty and get a PD. I've read forums and threads where people are offered the diversion program before they are even arraigned, I am just not sure of that happening. Thank you PandorasBox, I've been following your posts on here because you know what you are talking about!

[PandorasBox]

It is possible to arrive and have the plea deal made.

It's still a good idea to consult with a local lawyer first, and also sit in on court for a day so you can have an idea of what to expect.

[helpme23]

I have consulted a lawyer but I have not been able to sit on court for a day because the lack of time (it happened late Friday night and my arraignment is the following Tuesday which is tomorrow). They told me what to expect and that if I am not offered the diversion program to ask for it. Otherwise plea not guilty and ask for a PD. I am really hoping that I am offered the diversion program and that I can start putting this behind me.

- - - Updated - - -

Just got done with my arraignment and the judge offer me the diversion program. So relieved!

[Ranger72]

Hey that's great! Did you have any court costs or fines? My court date is coming up on Monday! Soooooo scared! Just wondering how much I have to have on me? Shoplifting also! Ahhhhhh!

[helpme23]

They gave me a total fee after I met with the probation officer but I don't have to pay for any of those costs until after I complete all of the requirements for the diversion program. I'm not sure of this is how it works everywhere but if not, you can always ask to be put on a payment plan!

[Ranger72]

Yea, I'm in NJ. I do have a lawyer coming with me, just getting kinda anxious. What kind of things do you have to do? Community service?

[helpme23]

Forty hours of community service and about a mont of classes that are once a week. You should be fine though especially if this is your first offense and you have no prior conviction record. Also, you have a lawyer which is really good. I went into this without a lawyer because I couldn't afford one. Has your lawyer said of diversion is an option where you're from?

[Ranger72]

I'm so confused at this point, this happened on Apr 30 th, my date got changed twice because of the video camera from the store! For some reason they are telling my lawyer it's not available when I know I saw myself when I was in the LP's office! He said its very unusual for this type of case, he also said because of this my case could be dismissed? I'm guessing this is a good thing? I don't like to call him much because I'm not sure if I get charged for every phone call? It's good to talk to people that have been in the same situation.