Sorry, I am a layman and doesn't understand these terms: Q2) Can we get the dismissal of the case after going for the first offender program? Q3) Does this means that the defendant is not convicted of any charge? Q4) Does first offender prog...
Because this is a felony charge and not petit larceny, there is no guarantee or right to the diversion program, and getting the felony amended to a misdemeanor is subject to factors such as: how far in excess of the $200 misdemeanor limit was the value of what was allegedly taken; the perspective of the retail establishment on your pre and post arrest behavior; ANY prior criminal record. The particular prosecutor you draw has a fair amount of discretion in how he/she plea bargains. There are various strategies we can use to your best advantage depending upon your particular facts and circumstances, and of course whether there is an opportunity to have the charge dismissed outright if the case against you cannot be proved beyond a reasonable doubt.See question
I was recently charged with DWI with a BAC. level of .11, I am 19 years old and am a college student. I can really not afford to have this on my record, if any advice can be given then that would be appreciative.
There is always hope, but what you need is someone who regularly practices DUI law in Fairfax county. Immediately memorialize EVERYTHING you can recall about the incident in writing. Even minor details that are seemingly irrelevant can be make or break issues for your case, and your lawyer will appreciate having this information to prepare your defense.
It boils down to whether the officer had the right to stop you, then the right to arrest you, and whether all procedures were properly followed in measuring your BAC.