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What are the Chances of Getting a Diversion Program for First Time Shoplifting

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  • 06-22-2017, 09:12 AM
    703353
    What are the Chances of Getting a Diversion Program for First Time Shoplifting
    My question involves criminal law for the state of: Ohio

    This was my first time shoplifting and I have a completely clean record. No traffic violations or anything. I am 19 years old and will be trying to get into pharmacy school in a few months, if this gets on my record my future is ruined. It was a spur of the moment dumb decision my 17 year old sister and I made. We went into a store and she gave me a list of things she wanted and I grabbed a few things I wanted. My role was unboxing and putting the items into a different isle. Her role was concealing and walking out. Our total was $345 according to the police. I was diagnosed by a child psychiatrist with bipolar disorder a few years ago but stopped taking my meds because they mad me really sick. I think this was a stupid decision I made during a manic episode since I normally would not have done this. I also had a severe concussion 4 years ago that left me out of school for over a month, I read online brain damage can contribute to bad decision making. I hired an attorney but he doesn't know what the outcome will be for me. Any ideas on the chances of me getting a diversion program or somehow keeping this off of my record? If it gets on my record I will lose my current job and will not be able to get into graduate school. I have already completed 3 years of college and Id hate for that to go to waste. I worked so hard starting full time college when I was 16 :-( I will never do anything stupid like this again and I have been looking into getting treatment for my bipolar disorder now that I have realized it is a major problem. Anyone have advice or an idea of a possible outcome? I have to appear in court June 30th and I'm terrified... Thanks in advance!
  • 06-22-2017, 09:17 AM
    qwaspolk69
    Re: Chances of Getting a Diversion Program in Ohio First Time Offense
    Pharmacy school should have been at the top of your list of things when you thought about doing this - and you let your 17 year old sister convince you to break the law?

    Being diagnosed as bi-polar doesn't have bearing on this. Nor does having a severe concussion four years ago. If it caused you bad decision making you would have made bad decisions like this the last four years right?

    Of course he doesn't know the outcome he can't predict the future. Your lawyer can ask for diversion. It's up to the judge.

    Again you should have thought of all the hard work you've done when you let a minor convince you to break the law. What happened to her?
  • 06-22-2017, 09:36 AM
    703353
    Re: Chances of Getting a Diversion Program in Ohio First Time Offense
    I have made risky decisions in the past but none that ended in legal trouble.
  • 06-22-2017, 10:23 AM
    Mr. Knowitall
    Re: What are the Chances of Getting a Diversion Program for First Time Shoplifting
    The availability and terms of diversion programs vary from county to county. See what information you can find on the court or prosecutor's website, or consult a lawyer in your county, to see what programs are available and whether or not you might qualify.
  • 06-22-2017, 11:11 AM
    703353
    Re: What are the Chances of Getting a Diversion Program for First Time Shoplifting
    I looked at ohios laws about pretrial diversion programs and it looks like I qualify. My lawyer was mentioning probably paying a reasonable restitution. I am totally fine with paying that but would that still put it on my record?
  • 06-22-2017, 11:29 AM
    cbg
    Re: What are the Chances of Getting a Diversion Program for First Time Shoplifting
    When you asked your lawyer that question, what did he say?
  • 06-22-2017, 11:36 AM
    703353
    Re: What are the Chances of Getting a Diversion Program for First Time Shoplifting
    I haven't been able to get ahold of him. I only talked to him on one phone call that was an information gathering session that lasted 17 minutes. Other than that I haven't been able to get ahold of him. He said I'd head from him early next week. I'm just so scared and impatient that's why I'm asking on here
  • 06-22-2017, 12:15 PM
    Mr. Knowitall
    Re: What are the Chances of Getting a Diversion Program for First Time Shoplifting
    Quote:

    Quoting 703353
    View Post
    I looked at ohios laws about pretrial diversion programs....

    You mean, "O.R.C. Sec. 2935.36", "The prosecuting attorney may establish pre-trial diversion programs..."? If the prosecutor's office in your county has not established a diversion program, that law is irrelevant to your situation. Also, nothing in that statute would require that a diversion program include first offense shoplifters.

    Payment of restitution is a normal consequence of any criminal disposition other than acquittal, so the fact that your lawyer expects that you'll have to pay restitution sheds no light on the question of whether or not you would be doing so as part of your participation in a diversion program, deferral, or other disposition.
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