Diversion is possible but it doesn't look like it's being offered. Ask your attorney why you can't get diversion, perhaps you have a criminal record. A civil compromise is possible but Macy's won't agree to it, none of the major chains ever do. Dont pay any fine that is sent to you by Macy's law firm, this is basically an extortion scam which has no effect on your pending criminal case. Bottom line is you have an attorney who likely knows more about your case than any lawyer here will. If you're not happy with your public defender hire a local criminal attorney. Good luck.
You can offer a civil compromise, and your attorney may have already done so, but its up to the other party, not the DA, to accept or reject it.
This answer is intended for general information, not legal advice. Nothing in this answer shall be construed as creating an attorney-client relationship.
If the DA has not agreed to a differed sentence, and this is the third time your PD is requesting, without additional information to negotiate with, it is not likely they will get it done for you. The differed plea largely has to do with factors including, but not limited to: the value of the stolen property, the unique disposition of the defendant, any immigration consequences, licensing privileges that may be taken away, security clearances, the wishes of the victim, any prior criminal history, and the length of the differed sentence. As your present attorney has been unsuccessful, your best option might be to hire a private attorney to effectively refresh or restart the negotiations. However, as negotiations have already occurred, that attorney will be facing an uphill battle. Ensure whoever is representing you has a full packet from your outlining everything why you, in particular and separate from other petty theft defendants, deserve and need a differed sentence. This is the only way to aggressively negotiate such a disposition.
Please feel free to call Attorney Peter Blair for a FREE consultation. (619) 525-7005. Law Office of Vikas Bajaj, APC, specializing in Southern California Criminal Defense.