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  1. #1

    Default Infraction V. Diversion; Public Defender

    My question involves criminal law for the state of: CA

    A few weeks ago, my daughter, 19 went on a shoplifting "spree" at Kohls. The total rang up to $75 and yesterday her civil demand came in the mail stating she needed to pay $325. She was arrested for Petty theft misdemeanor.

    Like any responsible parent of an adult should do, SHE, not I, was left in charge of paying off all fines, court and attorney fees.


    However, as a concerned parent with good intentions, I know she has learned her lesson and I am very worried for her. After hours of searching the web and this forum (without her knowing, of course. I don't want her to think that I am going to help her for her criminal acts!) I have a few questions to ask.


    Which is preferred: an Infraction or a Diversion Program (assuming this county has a Diversion program).
    Which one will stay on her permanent record? I hope neither because I would hate to support her financially for the rest of her life.


    Also: Since she IS legally an adult, is it possible for her to ask for a Public Defender? She is a full time student with a part time job. I'm sure she qualifies under the poverty line.

    I flat out REFUSE to help her pay for an attorney. She is an adult and should be responsible for her actions -- not me. However, she is listed as a dependent on my tax records so does this affect her eligibility?

  2. #2
    panther10758 Guest

    Default Re: Infraction V. Diversion; Public Defender

    There is little likihood the DA will drop charge to infraction. that leaves Diversion (if available) as her "best" option

  3. #3
    panther10758 Guest

    Default Re: Infraction V. Diversion; Public Defender

    She can request a Public Defender but depending on her income she may not qualify or have to pay some nominal fee. Her record will show the arrest but no conviction if she gets Diversion (in most cases) however not all background checks are created equal.

  4. #4

    Default Re: Infraction V. Diversion; Public Defender

    Thank you very much for the swift replies.

    I have just a few questions, if you don't mind: I read a lot on these forums about Probation.

    Is there a possibility that after the probation period the charges and convictions be erased from her criminal record? Or is probation only used as an alternative to jail time?

    Is Deferred Judgment the same as the Diversion program? I understand the former will erase the charges against her after a certain amount of time but since these two terms are used so commonly in the same sentence, I find it hard to differentiate the two.


    Thank you very much, again. I appreciate all of your help as volunteers in this forums.



    On her income, i'm sure she can't afford a private attorney. she has a stipend of $400/month for her volunteer job.

  5. #5
    panther10758 Guest

    Default Re: Infraction V. Diversion; Public Defender

    Since these programs and their availabilty vary your best to ask an Attorney in your area

  6. #6
    panther10758 Guest

    Default Re: Infraction V. Diversion; Public Defender

    By the way nothing is ever totally erased.

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