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How to Get Pretrial Diversion for First Offence Felony Theft

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  • 09-16-2011, 12:29 PM
    Shoot
    How to Get Pretrial Diversion for First Offence Felony Theft
    My question involves criminal law for the state of: Nebraska

    No criminal history, one minor traffic offense in the past 7 years. It wasn't necessarily a theft, but more of a repossession due to lack of payments and it was done without a repossession order. The prosecutor doesn't seem to be backing down like we thought they would(I have a private attorney). The actual charge is theft by unlawful taking. I have searched tirelessly and I cannot find any definite proof that a pretrial diversion exists for this offense. A few attorney's websites mentioned it, and based on their criteria I would qualify, but I just don't know for sure. I am running out of money for my attorney and that is why I have resorted to the web. Douglas County if it matters. Attorney is certain I could win at trial, but I'll be broke by then. Thanks.
  • 09-17-2011, 01:10 PM
    Mr. Knowitall
    Re: How to Get Pretrial Diversion for First Offence Felony Theft
    Your lawyer has raised the issue, correct? If the prosecutor won't agree to diversion or a deferral, then the prosecutor won't agree to it.
  • 09-18-2011, 01:04 PM
    Shoot
    Re: How to Get Pretrial Diversion for First Offence Felony Theft
    Prosecutor won't even return phone calls and just waits for hearings. No, my lawyer has not raised the issue because the prosecutor will not call him back, ever. As you know, it costs me every time he tries to get a hold of the prosecutor. I was just curious as to everyone's opinion before I bring it up because surely it will cost me just to make the attempt. Thanks.
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