College Student Facing Class D Felony Referred to Misdemeanor Diversion

Our client was facing up to five years in prison for the Class D Felony of Theft by Unlawful Taking as well as possible disciplinary action at her prestigious New England University. Due to a bad decision and mental illness, she made the unfortunate decision to shoplift in excess of $1200 worth of clothing from a local store. As soon as she was caught, she contacted our office. We were able to negotiate a meeting with the officer where our client received a citation to court rather than going to jail.

As a result, she was never fingerprinted, avoiding creating a federal FBI Criminal Record. After being cited, we helped our client get medical records pertaining to her depression that was a result of a sexual assault she had sustained earlier in the year. She reenrolled in counseling and began taking her medication again. We presented the records as well as the new counseling information to the prosecution. Based upon her cooperation and our early intervention, the government agreed to amend the charge to misdemeanor. She has been referred to diversion, and if the she successfully completes the program, her case will be expunged from court records. As of this writing, her school has taken no disciplinary action against her.

By intervening early, and avoiding a fingerprint (federal record) and getting an expungeable case result, our client will be able to truly put this awful mistake in her past and get her second chance.

If you need a second change, give us a call at (859) 259-0727.

Case Resolved: August 2017

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Disclaimer: The facts and circumstances of each case are different and each case must be evaluated upon the unique facts and circumstances. That being the case, the results summarized here are not necessarily representative of the results obtained in all cases. Case summaries do not constitute a guarantee of any particular result in any legal matter. Not all cases handled by our firm are posted on our site.