What to Expect from a Shoplifting Diversion Program in Michigan

[pgfm]

My question involves criminal law for the state of: Michigan

Hello, a couple of months ago I was caught for shoplifting less than $70 worth of items from a local Meijer. All items were returned and I paid the civil demand of $200 promptly and was very cooperative. As a result, I've just gotten a letter in the mail from the prosecutor saying I have an appointment for diversion in 20 days. Honestly, I didn't expect Meijer to go any further or file a police report at all. I was not arrested and no police were called at the time.... so I continued to use marijuana. I have since stopped (obviously) and am doing my best to get clean for my first appointment. My questions are:

1.) Will I be asked to submit to a drug test at my initial appointment?
2.) What happens if I fail the first? Several county sites (Ingham's site gives no info...grr...) say that if I were to fail the first, it would not be turned over to the court and I could still complete the program as long as I did not continue to use.
3.) Should I be honest about my usage or should I try to pass the test by cheating or diluting? Will someone watch me drop?
4.) If I do get into the diversion program (and I hope to God I do) what should I expect in terms of time commitment, community service and fines?
5.) If I do get into the program, will I be able to move counties?
6.) What happens if I don't get into it in terms of prosecution?

[Mr. Knowitall]

If you are using illegal drugs, stop. Nobody here can promise you that you won't get caught, and nobody here can promise you that your probation officer will be forgiving. We also have no way of knowing what the probation office knows or suspects about your use of drugs. You can count on a drop for probation being monitored. Nobody here is going to tell you to use drugs then try to cheat the test, assuming a test is even administered.

As diversion programs vary by county, you will have to investigate the cost and terms for whatever county is involved in your case.

You can speak with the probation department about moving to another county while on diversion or probation.

If you're not accepted into a diversion program, you will continue to be prosecuted for your crime.

[PandorasBox]

Ingham County is a bitch to deal with.

Stop using marijuana. A drug test is like this: You go to a place; you leave your coat, purse, etc in a box in a room. You are frisked. You go into the bathroom with the cup they issue you. You have 5 minutes to pee. The color and temperature is recorded. And then sent for testing. So don't even think diluting is an option.

Diversion.....if you get a diversion program, you can count on 40+ hours of community service and paying basically $10/hr for your supervision at that program. Do a good job, because they can kick you out and have your diversion screwed.

If you get diversion/probation, you can move - but you have to ask the court to have your case transferred. If no, then you will have to return to Ingham to finish the Community Service part.

[AZDeputyClerk]

1.) Probably.

2.) A positive result could be reported-that depends on the court.

3.) Be honest. Attempting to cheat or dilute the sample will be detected and will most likely get you kicked out of Diversion. You might even get new charges. Drug testing is what Pandora mentioned, plus this: toilet tank is sealed and you are not allowed to flush the toilet or use the sink (if one is in the restroom). If the drop is not observed, the technician/officer monitoring the test will be standing right outside the door. Otherwise, they'll be in there observing you. Anything other than a clean test result can count against you. Do not think you'll pull one on your probation officer. They deal with druggies every day and know the tricks folks try to foil the test.

[PandorasBox]

Yep, I forgot to mention that. You are lucky if you even get toilet paper in that room. The toilet cannot be flushed, you cannot wash your hands until you hand that sample over, and the toilet is inspected. There is no trash can in the room either.

There are three rooms: The one where you stash your coat, purse, etc. Another where you give your ID, paperwork. You also in this room wash your hands and dry them (under supervision). You are frisked. Then you are handed The Cup. You are then escorted to the bathroom. 5 minutes. With someone standing outside. Again, you cannot wipe (If you're a woman, you shake the dew off the lily pad), flush, or wash your hands. You simply open the door, hand over your sample. THEY will flush the toilet after looking into it. Then you can wash your hands.

- - - Updated - - -

And from experience....

I got lucky because I was in a back brace. So I got to help at Goodwill. If you are a male, it will be physical labor.

[pgfm]

Thanks guys. I'm not too worried about failing the test, I'm pretty sure I can get it out of my system by then...and as I mentioned before, I'm pretty dumb for shoplifting in the first place, but I'm not dumb enough to continue smoking when I know I have a test coming up. Come on.

Pandorasbox--do you mind telling me what you got diversion for? Was it shoplifting? How much community service did you get? Do you think they will go easier on me since the cost of what I took is so low? I'm honestly surprised they're doing anything at all...I know someone who got her charges dropped and she took 3x as much as I did.

Next...if I do end up getting prosecuted for failing the test....does that mean there's no chance for me of getting the charges removed from my record? I know there's that Youth Training Act. I have a friend on it right now and her charges are waaaaaaaaaaay more serious than mine. I just don't want jail time over something this ridiculous.

[cbg]

What's ridiculous is your thinking that you have any entitlement at all to steal, use illegal drugs, and still come out of it with a clean record.

Tell me, what WOULD justify jail time in your opinion? How many laws should you be allowed to break before you have to suffer some consequences for it? How much should you be allowed to steal before the store is allowed to take action to stop you?

[pgfm]

Jail time? Probably a crime that is actually violent. Do I need to show you the statistics? As for my use of "Drugs" AKA marijuana, which was just voted to be decriminalized in my city, HELL NO I don't think that deserves jail time. It's a victimless crime. I've got a clean record, which would be why they offered me diversion in the first place. Also it was my first time stealing and I'd never do it again. I suffer from manic depression and if you don't know how it feels then I don't want to hear anything from you. People do things they would NEVER normally do when they're manic. Not that I have to justify any of my actions to you, CBG.

[PandorasBox]

What I did a Diversion for: I had a car accident. BAC was 0.00%, same with urine tests. BUT...when I asked the police officer to find my phone in my car, he opened the console. I had a 50 ml bottle of brandy in there from the holiday season, which was opened and half full. So "Open Container" charge, $400+, 40 hours community service. I was still in a TOS back brace, so they let me do that at Goodwill on Cedar St. Since you're in better physical health than I was - don't think you are going to get THAT lucky.

[Mr. Knowitall]

Nope. Just to the judge and the probation officer. If you don't like being judged, well, guess what judges do for a living?