Indio, CA--Diversion Program for Petty Theft : 1-- eligibale if either Misdemeanor or reduced to Infraction? 2....

Asked over 1 year ago - Indio, CA

2--is this pre plea--meanig if you complete class the please will never be entered and all dismissed? 3--May you take class online?

Attorney answers (3)

  1. Greg Thomas Hill

    Contributor Level 20

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    Lawyers agree

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    Answered . The answers depend quite a bit on the facts.

    1. Normally, one is not eligible for diversion unless the offense is a first-time offense (the client has no prior criminal history), the value of the items stolen is low (less than $300) and the defendant is young. While there is no bright-line limit on age, I have found age 23 about the limit.

    2. This can be pre-plea, but it is usually entered into after one enters a plea of no contest, only to have it withdrawn upon completion of the class (and the case either dismissed or reduced to an infraction).

    3. There is an online shoplifters class at National Association of Shoplifting Prevention. For a fee of about $40, one can take a three hour class online and upon completion, receive a certificate of completion.

    Greg Hill, Greg Hill & Associates

  2. Jeffrey George Moore

    Contributor Level 15

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    Lawyers agree

    Answered . 1) I believe that the diversion program that has recently been put in place in Riverside is used for misdemeanor pleas. I could be wrong, but I have yet to see an infraction dispo get the diversion referral.

    2) It is not pre-plea, but it is pre-sentence. So the defendant enters a plea of guilty and is diverted in lieu of sentencing. If diversion is unsuccessful, the matter proceeds to sentencing accordingly.

    3) I am not familiar with an on-line option for the class component. Again, I could be wrong and invite correction.

    Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance.... more
  3. Robert Laurens Driessen

    Contributor Level 20

    3

    Lawyers agree

    Answered . If you complete the program your case will be dismissed. No there is no online class.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more

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