I don't have a criminal record and I commited a felony. It was theft for 1,700 from a family member. I was on the diversion program but due to my seizures I have been missing work an I'm unable to pay the restitution fee every month, so my diversion officer has to send my file over for me to be indicted. I'm curious on what's going to happen to me
You will need to get a criminal defense attorney on your side, because you are being charged with a serious offense. Stealing from a family member is usually associated with a drug problem. You were offered a diversion program but cannot comply and will be charged criminally.
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You will likely be charged with 5th degree felony theft. You could get probation or up to a year in jail. The judge won't be happy you didn't successfully complete diversion. You should get a lawyer or ask the court appoint one.
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Diversion is a great opportunity, and it is a shame to lose that opportunity. Depending on the age of the family member, you will likely be facing a fifth degree felony, which is punishable by up to 12 months in prison. However, it is unlikely that you would be sent to prison, instead probation with an order to pay restitution are most likely. If you get an attorney and have restitution to pay in full, the prosecutor may be willing to reduce your felony to a misdemeanor. Beg or borrow, but do not steal the money for that restitution!
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Theft of that amount tyically is charged as a fifth degree felony which carries a maximum of 12 months in prison. If the victim was elderly or diminshed capacity (i.e. handicapped) you could be charged with a higher level offense which could result in more prison time and more likely prison time. You need a good criminal defense attorney immediately who can help protect you fromt this. The Montgomery County court can be an intimidating place but a good attorney can help make it not so scary. Good luck.
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