In April I was allegedly accused of stealing a ring and pawning it for a total of 370 dollars, Grand Theft, (Third degree felony) once I was arrested and brought to my first arraignment I was offered drug court due to the arrest record that the person filed with the police. I signed up for drug court unknowing how much was required of my time. I have been doing the program now for a month and my job is not willing to work with me anymore and all the time I am asking off. Basically my question is if I opt of the program and go to criminal court since I am a first time offender will I be offered a probation period and withhold adjudication?? I would stay in drug court however I will most definitely loose my place to live and car due to not being able to work my hours of work.
Most first time offenders are going to get adjudication withheld. Why would restitution be paid back to a defendant? I do not get that. You chose drug court, and may not be able to get out of that. Indeed, you might even have already admitted guilt in order to get into drug court. You really need to hire a private criminal defense attorney, or at least speak with a few about all of this.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
It is unfortunate that your employer will not allow you to do drug court. Drug court is considered your diversion, so it is very unlikely that you will be offered another diversion. It is difficult to say what may be offered without reviewing the facts of your case and speaking with the prosecutor--anything is possible, including probation. If you opt out of drug court (which I would advise against), I suggest that you hire an attorney immediately. Good luck to you!
The answer above is not legal advice nor establishes an attorney-client relationship between you and J & J Law Firm, PA. Please consult with a local lawyer in your area to obtain confidential legal advice based on your specific situation and the facts in your case.
I am in 100% agreement with Mr. De Groot, you need to at least consult with an attorney face to fact. Your post clearly indicates that you are in over your head and you need legal advice from a professional.
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My first question would be "what evidence does the prosecution have against you?" Your question focuses only on sanctions. But the initial evaluation should include whether you should opt for any diversion program at all, or alternatively avail yourself of your right to discover what evidence the prosecution has. Remember, you're presumed to be innocent and it's the admissible evidence against you that matters.
Of course, that type of program may only be available early on, and it may be the case that it's the best option for you. But there are too many other issues to explore before throwing out that diversion anchor, which may not hold anyway. I would want to know all of the circumstances, many of which could be learned before opting out of the Drug Court.
Generally speaking, though, first time offenders in a 3d degree felony case will receive a withhold of adjudication. But if possible, I expect you would prefer to avoid that also through the dropping of or dismissal of the charge, If, unfortunately, you're in a similar predicament in the future you'll want to be blemish free then as well.
If, on the other hand, you don't want to take that chance, hopefully your employer will accommodate your participation. I'm sure you know that if are fully compliant with the Drug Court rules the charges will be dropped.
The bottom line is, meet with a lawyer (or lawyers), review the probable cause affidavit, discuss potential defenses, and then make the call.
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