I'm being charged with 2nd degree theft and have no prior convictions. I was told that diversion is very unlikely for my case, and I do not have the funds to hire any criminal defense at all. Is there anything I can do prior to my arraignment to better sway the judge to give me diversion as an option? Such as taking an online diversion class to show initiative, or community service before it's court ordered?
Speak with your public defender.........
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
The first court appearance is the arraignment. This will be a very quick appearance, and the arraignment judge is generally not interested in hearing specifics about your case or in getting involved in negotiations. You will be appointed a public defender at the arraignment, and your public defender can advise you how best to proceed.
Study up on ORS 135.881 thru 135.905. In theory, your offense could be diverted. In reality, it will be difficult to do it without an attorney. The biggest hurdle is getting the DA to agree.
I can't remember off the top of my head whether Washington County has established a diversion program for Theft 2. You'll find out more at arraignment.
I am fairly certain they will offer you their Early Case Resolution (ECR) program, which is basically pleading guilty ASAP. That will save you the few hundred buck the court charges for a public defender, but the charge goes on your record. True you can expunge it later, but you'll probably need an attorney to help with that.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline