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Theft diversion in Huntsville Municipal Court

If you've been charged with misdemeanor theft in Huntsville Municipal Court and have no significant prior record, you may qualify for the theft diversion program.

You need to know certain things to participate in this program.

First, the prosecutor must offer the program to you. Typically, a probation officer screens you to see if you qualify. You can talk to your lawyer, who will determine if this is your option.

If you qualify, you must enter a guilty plea before the judge. But they are entering a guilty plea; the judge will NOT find you guilty then. The judge will instead hold your case open to allow you to complete the diversionary program. If you successfully complete the program, your case will be dismissed. The judge will dismiss your case with prejudice; this means that the case is completely dead and can never be returned. A dismissal with prejudice is important if you want to erase your arrest record. In Alabama, erasing an arrest record is called an expungement. An expungement is a separate court proceeding many people pursue to erase a case from their record.

The diversionary program is typically conducted in Huntsville. However, if you live elsewhere, it might be possible to participate elsewhere with the judge's permission, but this is not guaranteed.

The Huntsville program requires that you attend three consecutive three-hour sessions and pay for all costs. The costs are about $1000. You will be permitted time to pay, although I think reserving the amount ahead of time is best.

If you cannot afford these fees, you can request that the judge waive them, but the judge may not do so automatically.

If you've been charged with this or any other criminal offense and would like our help, just give us a call. Segal and Segal.

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