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Chances of Diversion in San Francisco

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  • 07-05-2008, 04:24 AM
    SanFranrockz
    Chances of Diversion in San Francisco
    My question involves criminal law for the state of: California

    I was arrested for shoplifting an item worth around $200. This is my first criminal offense and I cooperated with police officers.

    I'm a student, have some chronic health problems, do a lot of community service, etc. I was hoping to join the Peace Corps when I graduate. Also, I am out of state and only in CA for a couple of months.

    I can't afford an attorney, and I'm retiscent to ask my cousin who is one for advice on this, b/c then I'd have to tell her.


    Can I ask for a diversion? How would I do this? What else should I do? Or, should I just expect a criminal record, and then try and get a pardon a few years down the line?

    Please give me in-depth advise, I am a bit lost...
  • 07-06-2008, 07:28 AM
    LawResearcherMissy
    Re: Any Chance for Diversion in San Francisco?
    Quote:

    Can I ask for a diversion? How would I do this?
    Possibly.

    Show up for court, plead not guilty and ask for a public defender. You can then go over your options with the PD.
  • 07-06-2008, 12:38 PM
    SanFranrockz
    Re: Chances of Diversion in San Francisco
    Okay. So in every state I must specifically plead "not guilty" at the hearing in order to get a public defender? (the attorney I talked to failed to mention that part, I guess...) But he thought my case would probably get sent to Community Court instead, so maybe that's why he didn't get too fixated on the details of an actual criminal charge.
  • 07-06-2008, 12:45 PM
    panther10758
    Re: Chances of Diversion in San Francisco
    What happened the other day you were obsolutely certain this wasnt going anywhere but "community court" Once you plead not guilty case will be continued talk to your Attorney have him/her talk to DA about diversion if its available and if you qualify
  • 07-06-2008, 01:12 PM
    bam!
    Re: Chances of Diversion in San Francisco
    So what lesson did you learn? In regards to legal matters of course...
  • 07-06-2008, 05:58 PM
    SanFranrockz
    Re: Chances of Diversion in San Francisco
    Quote:

    Quoting panther10758
    View Post
    What happened the other day you were obsolutely certain this wasnt going anywhere but "community court" Once you plead not guilty case will be continued talk to your Attorney have him/her talk to DA about diversion if its available and if you qualify

    First of all I never said I was absolutely certain of anything. I said the attorney thinks it will probably go into Community Court.

    Secondly I haven't had my hearing yet, so it may very well go into Community Court. I was asking about what happens if it doesn't, to be on the safe side, which is I believe the smart thing to do.

    Finally, I think you have issues, with the tone you keep using to someone you've never even met, who is on here asking straightforward and sensible questions.


    Some people on here have claimed I need to plead "not guilty" in order to get a public defender, and the attorney I talked to didn't mention that but just mentioned asking for a public defender was how I explored the option of a diversion program (once again, this is if it doesn't go to Community Court). So, I guess the way I'll settle this is on Monday to call the court clerk and ask about the process for asking for a diversion program, since there doesn't seem to be any sort of consensus on here as to what that would be...
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