What Happens After Accepting Pretrial Diversion or Youthful Offender Plea
My question involves criminal law for the state of: Alabama
Long story short: I have a Theft of Property in the 3rd degree charge.
I appeared in court a month and a half ago regarding the plea for the charge at which time I was called up to the front by a lawyer who kind of works with the court and singles out people who they believe to be good candidates for pretrial diversion pleas.
I told him my story (which isn't anything special, the standard "first time doing it cause I was broke as hell and just really wanted those earrings type deal and feel completely ashamed") and he recommended that I plead either youthful offender (which is weird because I'm 20 but he confirmed it with the judge) or do pretrial diversion.
At that point in time, he told me that it didn't really matter what I plead that specific day because I could change my plea at my next court date which was a more "final" decision because that would start the entire process (I live in a fairly small town). From what he explained to me pretrial diversion=charges dismissed, but the arrest will still show up on any background check and the charges will show as dismissed. He said it's treated by most employers as a "not guilty" because they don't want to afford the resources to investigate further than the standard background check (barring professional licensing checks). But he said youthful offender=basically not a "guilty" or not "guilty charge", but my records will be completely sealed to the public after completion of the program which he said is pretty much the same for both pleas (community service and for a first time offender in my area, a small fine).
My question is what exactly will those programs entail? I know someone (a former friend) who has a marijuana charge (from marijuana that someone else had left in her car) that she is doing pretrial diversion for and has for the past year been going to Narcotics Anonymous and doing something called "Angel" classes. She pays for the classes and so I expect that and she is also regularly drug-tested. Will I be drug-tested for a non-drug related charge and should I expect community service?
On another, more separate note...
I have not received any mail from Kohl's regarding their civil demand. I received a call the other day from a lawyer's office (they did not state they were with Kohl's which is where I was caught, by the way) where the call was dropped after the lady stated she was with a lawyer's office (don't remember the name) and asked what my name was and then they never called back (the number I called back took me to an answering machine that cut me off and deleted my message after 3 attempts to leave one). I think they may have been trying to request the money or something, which is strange because I gave the address to the LP officer to receive the letter? I've just been waiting for them to call back. I've had a few "blocked number" calls, but I don't answer those because of issues I've had in the past with harassing phone calls. Will this look bad on me in court that I have not answered a civil demand letter or will it not matter because the letter has not been sent/received? Most of the research I've found indicates from a lot of lawyers to ignore a civil demand because the shops usually don't pursue it because of the hassle/cost it entails in taking someone to court. I'm afraid the lawyer's office will put me in the burn file thinking that I hung up on them and I'll end up going to civil court. I've tried contacting Kohl's directly but the lady I spoke with at the corporate office stated that she had no idea what was sent and what wasn't from the lawyer's office and that to just answer the call next time. If they were indeed with Kohl's (I couldn't remember the name of the office to confirm it with the lady at corporate) then I find it strange that they would wait a whole six months to call me?
Anyone who has experience with these types of issues... your advice will be much appreciated. Thanks in advance.
Re: What Happens After Accepting Pretrial Diversion or Youthful Offender Plea
When you are on any form of probation, you can expect that you'll be ordered to stay out of trouble, not hang around with criminals, not use illegal drugs, etc. You may be required to get permission to change your living arrangement (particularly if you live with your parents), you may be required to seek and/or maintain employment if you are not working. You may be required to undergo periodic drug testing. AA/NA and/or drug screening and assessment and/or drug education classes may be required.
It's up to you whether or not you pay any civil demand you receive. If you don't want to be called about a debt you owe, you can stop the calls by paying the debt.