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Availability of Diversion Programs

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  • 03-21-2007, 07:50 PM
    wrong32
    Availability of Diversion Programs
    does michigan have a diversion program? and how do I go about getting this program for my offense? I was charged with retail fraud 3rd degree. I entered a not guilty plea and have to appear at a pre trial on april 3 07. any help would be greatly appreciated. And this is also my very first offense with no prior criminal record at all and i am 33.
  • 03-21-2007, 07:52 PM
    panther10758
    Re: diversion program?
    You need to consult with a criminal defense.
  • 03-21-2007, 08:43 PM
    aaron
    Re: diversion program?
    The availability of diversion programs for shoplifting varies by county, so you need to check with your county court or a local criminal defense lawyer.
  • 03-22-2007, 02:31 AM
    wrong32
    Re: Availability of diversion programs
    how can i get a court appt. attorney now? I am single raising two children with very low income. Do i just call the court and ask for one? The amount was less than 50.00. And the one item I never got out of the store with, the officers came in to ask me, and when i went to give them the item they arrested me then seachred my purse.. the never read me my miranda rights. any more advice for me? Thank u for ur help..
  • 03-22-2007, 04:46 AM
    aaron
    Re: Availability of diversion programs
    Go to the court, go to the criminal clerk's office for the District Court, ask for a form to petition for a court appointed lawyer, complete and return it, and see if the court approves it.
  • 03-22-2007, 05:23 AM
    wrong32
    Re: Availability of Diversion Programs
    Thank You for the information. Greatly appreciated.
  • 03-22-2007, 06:13 AM
    wrong32
    Re: Availability of Diversion Programs
    I am on my way to file a pet. for a court appt. attorney any advice before I go?? Any thing I should know etc etc.:
  • 03-22-2007, 06:55 AM
    aaron
    Re: Availability of Diversion Programs
    It's a pretty short questionnaire. You can see the standard version here (in PDF format).
  • 03-23-2007, 04:05 AM
    wrong32
    Re: Availability of Diversion Programs
    aaron i guess i am being charged with one offense of ret frd 3rd and a 2 offense 3rd degree. but only one item was actually taken out of the store, the other item was never taken out by me, the police officers actually tooke it out, and also i purchased items from both places that day. do u think i will serve jail time i have two children, i don't have anyone to take care of them. i did apply for a ct appt. attorney yesterday. so hopefully i will hear from them soon, both items totaled under 50.00 will that have any bearing on my judgement? I am so worried I can't eat or sleep, I know commit the crime pay the time.. I just thought I could get away with it, and obviously could not..this site really helps alot, any suggestions, I am joining counselling at my chruch today, and I am writing a letter of apology to both stores. any other words of wisedom for me?? Thank You for ur time..
  • 03-23-2007, 06:20 AM
    panther10758
    Re: Availability of Diversion Programs
    Your words of wissom were already given to you.

    . Consult a criminal defense Attorney

    . Enter a diversion program if you qualify
  • 04-08-2007, 08:13 PM
    wrong32
    Re: Availability of Diversion Programs
    Hello, Just A Quick Update On My Situation, I Went To Court Last Week, Met My Court Appt. Attorney The Same Day. Big Joke. Anyways I Had To Plead Quilty To Only The First Offense,and They Dropped The Second Offense. No Diversion Program Available In My County. But My Attor. Said The Pros. Was Not Opposed To Hycta Or Something Like That. And If I Kept My Nose Clean It Would Come Off My Record In 6 Months. So I Stood In Front Of The Judge And Plead Guilty To The First Offense Of 17.00 For The Shirt. And He Sent Me To See Probation. Which I Meet With Next Week. Now I Am Dealing With Another Sit. The Clerks From The One Store Knew Me And Went And Told People She Knew, And Now I Am So Upset, Cuz If My Children Or Family Find Out I Don't Know What To Do.. Can She Do This. What If My Place Of Employment Call Her To Verify The Truth. Even Though I Was Not Charged From Her Store It Was The Second Offense That Was Dropped Can I Call Her Supervisor. Or Can I Call Her.. Any Words Of Wisdom Regarding This Matter. Help!!! It's Already Bad Enough That When I Get Sent. It Will Be In Our Local News Paper In The Court News, Which Is The Stupidist Thing. Our Town Is Only About 3,000 People So Everyone Knows Everyone..
  • 04-08-2007, 08:15 PM
    panther10758
    Re: Availability of Diversion Programs
    Explain how you plead guilty yet if you stay out of trouble it will come off your record if no diversion was available!? I think somone was pulling your leg
  • 04-08-2007, 08:32 PM
    wrong32
    Re: Availability of Diversion Programs
    When I Went In Front Of The Judge I Was Asked What I Plead To The First Offense From The Store And I Plead Guilty And Then He Did The Whole Know Ur Rights Speal Etc. And My Attorney Said Something About Hycta Or Something, I Asked Her About The Dirversion Program. And She Said Montcalm County Does Not Have That Available..but In My Letter To The Judge I Am Still Asking For This. I Have Letters Regarding My Charter And My Most Recent Progress Notes From My Dr.s Office About My Current Bout With Deprssion And The Trouble I Have Been Having With The Zoloft.. For The Judge Also.
  • 04-08-2007, 08:34 PM
    aaron
    Re: Availability of Diversion Programs
    Diversion programs and deferred sentencing are different. He was apparently sentenced under HYTA, which is a form of deferred sentencing. (You plead guilty but, assuming you successfully complete your probation, your conviction isn't entered.)

    HYTA sentencings don't have to be open to the public, although the last time I tried to have one closed the prosecutor strenuously opposed the motion and the judge didn't close the proceeding, I suspect because both wanted the media coverage.

    If people recognize you from a shoplifting incident and share that information, I'm not aware of anything you can do to stop them.
  • 04-08-2007, 08:38 PM
    wrong32
    Re: Availability of Diversion Programs
    Ok Thank You! Yes It Was The Hyta Is What I Was Referring To.. Oops. Is That Just For A Certain Age Or Any Age In Michigan.?? And Can I Talk To My Probation Officer About This, Before Being Sent. By The Judge?
  • 04-09-2007, 04:03 AM
    aaron
    Re: Availability of Diversion Programs
    Talk to your lawyer about it.

    You can petition for disposition under the Holmes Youthful Trainee Act (HYTA). Under Michigan law, if you are between the ages of 17 and 21, you may be able to get a delayed disposition under the HYTA. You would plead guilty, but your conviction would not be entered if you successfully complete probation.
  • 04-09-2007, 06:25 AM
    wrong32
    Re: Availability of Diversion Programs
    I Am 32 Can I Still Get The Hyta??
  • 04-09-2007, 07:03 AM
    panther10758
    Re: Availability of Diversion Programs
    Heres your problem and one I was referrring to. You have not completed your program yet. You have also once again broken the law! This can and most likely will effect the conditions on your first offence! You need to talk to your Attorney from first case and dicuss this second criminal act and how it can or will effect first case.
  • 04-09-2007, 07:09 AM
    aaron
    Re: Availability of Diversion Programs
    Quote:

    Quoting aaron
    View Post
    Under Michigan law, if you are between the ages of 17 and 21, you may be able to get a delayed disposition under the HYTA. You would plead guilty, but your conviction would not be entered if you successfully complete probation.

    You're beyond the age limit.
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