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    Join Date
    Jul 2010
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    3

    Default Go to Trial or Plead Guilty Under Advisement Risking Future Employment

    Michigan. Misdemeanor Charge for Retail Fraud. TAKE PLEA DEAL OR TRIAL??

    I'm asking this for my 25 year old niece. Her attorney advised option 1 and assured her that she won't have a record. Her attorney cannot guaranteed what private background checks will come up with, but as far as court is concerned, her record is clean.

    Option 1)Taking the case under advisement (plea bargain for 1st time offender program). Pay small fines and have the charge dismissed after 6 months of probation (assuming no more arrest/trouble)

    OR

    Option 2)Go to trial to try get an acquittal. Possible consequence (up to 3 months in jail, fines, and probation)

    After having read a lot of stories here, a dismissal still shows up in employer's background checks and thus jeopardize one's future employment chance. Dismissal = PLEA OF GUILTY in employer's eyes.

    Furthermore, Expungement doesn't guaranteed that your arrest record & charge & plea deal & sentence will not show up in private background checks.

    Given the situation, shouldn't she go to trial and try to get an acquittal? An acquittal = NOT GUILTY in employer's eyes, am I right? Background check will show that she had an arrest, was charged, and trial, and (hopefully) an acquittal? Even if she got convicted after trial, will this still look better in employer's eyes than a plea deal??

    In her case, to take the plea, she must plead guilty, but charge will get dismissed pursuant of successful period of 6 months of probation (non-reporting)

    From my understanding, by going to trial, it will cost her more time, money and stress and even higher risk of receiving a worse sentence. However, in your opinion, in exchange to better secure her future employment opportunities and other ramifications with a "dismissed charge", does it worth the risk of going to trial? Or, should she just accept the plea deal for 1st time offender? I read some stories here how some people wished they hadn't taken the "plea deal" or understood how "dismissal" could affect their future or expungement didn't prevent records from showing up in private background check.

    She doesn't want to have a record at all because even a dismissal is still a criminal record under employers' eyes. The only true way to HAVE NO RECORD is to go to trial and hope for an acquittal? Am I correct? Please advise. Thank you in advance.

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