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  1. #1
    Join Date
    Feb 2009
    Posts
    8

    Default Deferred Disposition for Felony Charge

    My question involves criminal law for the state of:

    My case was finally settled last week after my lawyer bargained with the DA for a deferred disposition of the felony theft charge I was charged with. I had to make a decision on the spot and my lawyer persuaded me to take it after my consistent hesitation. The deal agrees to dismiss the charge after 2 years if I plead guilty, paid back restitution, court costs, and remained a law abiding citizen for that time. I was hesitant only because I was ready to go to trial because I was not fully guilty of the charge. The prosecutor had a very weak case against me but as my lawyer says, juries love to convict people. I felt like I was presumed guilty until I proved my innocence. The burden of trial

    would have been a lot to take, plus extra fees, etc.

    My agreement assures a clean record at the end.

    Can I ask honestly of people here, does it sound like I did the right thing? I am still having a hard time sleeping at night wondering if I made the right move. Does a deferred agreement on a felony charge sound like a great deal without the burden of wondering how a jury would react?

    I know people are going to say they don't know the details of my case, but it's not really relevant. It was theft from a former employer.

    Thank you much for your opinions.

    Sparrows

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Deferred Disposition for Felony Charge

    Being "not fully guilty" means you were guilty, right? Then a deal that allows you to avoid criminal record sounds like a good thing.

  3. #3
    Join Date
    Feb 2009
    Posts
    8

    Default Re: Deferred Disposition for Felony Charge

    Quote Quoting Mr. Knowitall
    View Post
    Being "not fully guilty" means you were guilty, right? Then a deal that allows you to avoid criminal record sounds like a good thing.
    Thank you for responding. When I say not fully guilty, I mean that of the $2,000 that I was accused of stealing, I was only responsible for $150 of that money which was not in fact theft, but a misappropriation of funds, which I clearly admitted to them BEFORE I was charged with anything. It was an honest mistake. I knew I was responsible for that $150 but I did not steal the rest of the money at all. It would have been a gamble and the only way I would have had the jury convinced is if I testified thoroughly about that $150. I am a very timid person so it would have been a struggle.

    So knowing that I was technically "responsible" for some of that money, not guilty of stealing it, does this still sound like I did the right thing?

    I worry because having read many of the posts on this site about what is found on background checks, a thorough check would most likely show that I was charged with a felony that was dismissed. And in my opinion, an employer looking at any theft charge would turn them away immediately.

    Would an acquittal have been more of say, a better means to dropping the charge, than a dismissal?

    I do appreciate all your help on this.

    Sparrows

  4. #4
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: Deferred Disposition for Felony Charge

    Getting the cases dismissed out right is better,if there was a chance of a conviction,then taking your plea deal makes sense.

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