What to do if I was charged with second degree petty theft?
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What to do if I was charged with second degree petty theft?
My best friend and I have clean records, at least until this weekend. We are being charged with Second Degree Petty Theft. We have been looking online at different options and saw we could possibly get it dropped to disorderly conduct and we just aren’t sure where to start or what to do.
Asked on June 5, 2017 under Criminal Law, South Dakota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Since this charge is a criminal offense, you really should try to get an attorney who might be able to get the charge dismissed on a technicality or at least reduced. The fact is that the sooner an attorney gets involved, the better the potential outcome for you. Even if the charge doesn't get dropped, being that this is your first offense, you can possibly receive what is known as "diversion" ("deferred adjudication" or your state's equivalent). This is an alternative sentencing program whereby you will enter a guilty plea, receive a special probation, and upon its successful completion, the plea will be withdrawn and the charge dismissed. As a general rule, your criminal history record will be cleared automatically (although in some jurisdictions you may have to apply to get your record "expunged" or cleared). That having been said, diversion is only allowed for a first time offense. Accordingly, if you get into trouble again it will not be available to you at that time. That's why if you get an attorney who can get the case dismissed, you will be eligible for diversion in the future (should you need it).
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