QUESTION

Will he be able to qualify for pre- trial diversion even if he was in a diversion as a juvenile?

Asked on Sep 29th, 2012 on Criminal Law - Michigan
More details to this question:
He was arrested as a 19-year old for misdeameanor petit theft.
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6 ANSWERS

FYI petty theft has no diversion. And, it is a crime of moral turpitude, so having it means he can kiss his school/employment aspirations goodbye, unless he just wants to work at McDonalds for the rest of his life. Hire a lawyer!
Answered on Oct 02nd, 2012 at 12:16 AM

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Criminal Defense Attorney serving Salt Lake City, UT at Pietryga Law Office
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Diversion is up to the prosecutor. He does not have to offer a diversion. There is not a set of circumstances in which a person qualifies for a diversion. Your attorney could ask for a diversion, but the prosecutor may or may not want to give a diversion. There are other options of course.
Answered on Oct 01st, 2012 at 1:43 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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It depends upon the state offering a pre-trial diversion. And it probably will not since you have had one already.
Answered on Oct 01st, 2012 at 1:41 PM

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Tax Law Attorney serving Birmingham, AL at Meadows & Howell, LLC
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The answer to your question would depend upon a variety of factors. Was the previous charge upon the completion of the pre-trial diversion program If so, then the court may not be aware of the previous charge, and thus may be more likely to enter him into a pre-trial diversion program. Of course, if the prosecutor asks whether he's ever been in trouble before, he must truthfully answer, but they may simply offer a pre-trial diversion program based on what they can see in his file. Additionally, it would depend upon the nature of both charges. If this charge is similar to previous charges on his record, then it shows that the pre-trial diversion program didn't succeed as a deterrent. The severity of the crime would also need to be taken into consideration. Essentially, the fact that he was in a pre-trial diversion program once before doesn't necessarily mean that he won't qualify for a pre-trial diversion program again. It ultimately depends upon a variety of factors that you should probably discuss with an attorney.
Answered on Oct 01st, 2012 at 1:36 PM

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Criminal Defense Attorney serving Grosse Pointe Farms, MI at Gary M. Wilson
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Depends on the current charge. Need a lot more information to help you.
Answered on Oct 01st, 2012 at 11:28 AM

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Michael J. Breczinski
That depends on the prosecutor if they will let him into a diversion program. this is why he needs a good lawyer. A theft charge is serious. It can stay on a person's record forever if not gotten rid of in a diversion program. What employer wants to hire a thief.
Answered on Oct 01st, 2012 at 11:26 AM

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