I was served with a pretrial due to violation of the diversion plan. I was not able to complete the payments due to a out of pocket expense. I had to have a rootcanal done which cause hardship. What should I expect of this out come? Will I go to jail? This was for petty theft.
You may be able to complete Diversion yet. The State may agree to give you more time to pay. Otherwise, you may be able to negotiate a deal for a withhold of adjudication and costs. I am assuming that this is your first criminal offence, since you were offered Diversion; a jail sentence is unlikely. Good luck.
If you are bounced out of diversion then you face prosecution on the original charge. In the case of a misdemeanor battery you face a maximum of 364 days in jail and a criminal conviction. If you were required to sign some form of admission or "acceptance of responsibility" as a condition of entry into the program then count on that being admitted in evidence against you.
My advise: Hire an experienced Sanford area criminal defense lawyer to assist you in first attempting to negotiate with the State for re-enrollment, and, if that proves unsuccessful, then to assist you in either building a meaningful and effective defense to the charge or negotiating the most reasonable plea possible given your unique facts and circumstances.
Wishing you luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
If your only violation is monetary, they may grant an extension of your diversion program. If not, they will proceed with the original charge.
Do not miss court!
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline