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If diversion program is not yet available for a misdemeanor, what are some other good options that I should look into?

Los Angeles, CA |

I was persuaded by an overzealous, gorgeous undercover officer to do a bad deed. Several times I refused to do what she wanted but due to her insistence I gave up to my lower instincts. When I read the discovery, however, I learned that the officer had distorted the facts of our conversation and made it seem as I had the intention to realize a bad deed. There is not direct evidence for my case, but rather, circumstantial evidence, which is, that I was carrying more than one hundred dollars in my pocket and was on an area known for this kind of crime--which ironically is one block away from my home. DA seems understanding of my case and is willing to wait as much as possible for a possible diversion program that the court might implement this month or next and that I sure qualify.

I wished I could add more information but this is a public forum.

Attorney Answers 4

Posted

Your repeated refusals should be enough to deem the officer's actions entrapment if your case is presented properly. Possessing over a hundred dollars means absolutely nothing, and being a block away from your house shouldn't be used against you. With the right defense, you should be able to avoid a conviction altogether, even without diversion. If pushed close to trial, these charges could be dismissed. Contact some local attorneys to discuss the case in detail and get an idea of what representation might cost (I think it's smart that you were vague in your question; enough information for lawyers to get it, but nothing damning).

Best,

Nicholas M. Loncar, Esq.
t: 323.803.4352 | f: 323.617.3838
www.iDefendLosAngeles.com
Nicholas.Loncar@iDefendLosAngeles.com
Sunset Law Building | 1295 W Sunset Blvd
Los Angeles, CA | 90027

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Posted

Well, hiring a good lawyer is always a viable option. Trying to get a deferred entry of judgment, on the condition that you perform some community service, stay out of trouble, and maybe go to some meetings relative to the instant "crime," might be something that the DA and/or judge would accept. But again, a good lawyer can come up with some creative solutions, ones that have worked in your jurisdiction. And don't ya just hate it when the cops are gorgeous in these situations? That should be some form of entrapment!

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Posted

You should not accept a conviction on this case unless they have a voice recording of you expressing your intentions unequivocally. Have you been representing yourself? If so, that is a mistake. You may have already said too much. Consult with more than one attorney and retain one to represent you if you can afford it. If not, request a public defender and let them know that you cannot accept a conviction. There are ways of avoiding a conviction without a formal diversion program in place. An experienced criminal defense attorney can do a lot for you in this type of case. Good Luck.
Cavalluzzi & Cavalluzzi, www.cavalluzzi.com, 323-467-2300

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Posted

My colleagues are correct. You need legal representation. Many of us on Avvo provide a free consultation.

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