My daughter 18 arrested for Felony theft and possession of pot?

Question

I am at a loss my daughter was arrested last week for stealing $789 from her work, and when she was arrested she volunteered she had pot on her, so they got her on both. She spent the nite in jail (my choice for her mistake) and now we have to deal with this, i did find $500 in her car that day and brought it back to the cops, they said it helped by doing that. I have called the DA and they said someone would call me about a diversify program they have, and it will help i just dont know any details yet. Her court date is in march, this is her first arrest, and i am putting her in counseling NOW before the first arrainment, i am at a lost i know nothing, cant afford a lawyer, so i am hoping working with the DA;s office will help. I just dont know what to do, what this will do to her, and they mentioned on the phone we might can do an espongement later? any advice to calm down this worried mother would be appreciated. SHE Was wrong and did admit to it and i know she has to pay the price.

Answer 1

Look on the bright side.

It could have been cocaine.

She will grow up and make you proud one day.

Answer 2

the program the DA is referring to is a diversionary program...in other words divert your daughter from court. The program will most likely consist of her checking in with a probations officer random days, submitting to random drug tests, paying some fine, serving some community service, and maintaining employment. This will probably last 6-9 months then the DA will agree to drop the case. Whatever you do, make sure she does not violate any of the stipulations because you could be on your last day and miss an appointment or something and the probation officer can send you right back to the DA to go to court. This is commonly offered for first time offenders of non-violent felonies. The expungement is something you can do after all is said and done. Once you get the letter from the State saying the DA has dismissed your case, you can pay a lawyer (probably in the neighborhood of $3000) to "expunge" the arrest from your daughter's record. Her criminal record will be clean because the case was dropped, but the arrest will remain on her arrest record, unless it is expunged. Good luck and be sure to tell her if she violates her diversionary program she will probably go to jail!

Answer 3

A pre-trial diversion is similar to probation, the DA will set a time, usually 6 months to a year for first offenders. If your daughter stays out of trouble during this time all charges will be dropped and she will not have a conviction on her record. However if she does get in trouble during her diversion she is automatically considered guilty, without a trial. As many of the others have said, judges and DAs are human and it is very important that they see your daughter trying to straighten up....The fact that she told them about the pot is a good thing. If she had been taken into custody and they found it during booking into jail it would have been a felony. As is it's a simple misdemeanor... Go for the pretrial diversion, help your kid see the straight and narrow path and everything should turn out alright....

Make DAMN sure she is off the pot at least a month before court. Since she has a drug charge there is a BIG chance that she will have to submit to a urinalysis for the DA and she needs to be CLEAN, CLEAN, CLEAN...

Answer 4

Your daughter is not a minor if she is eighteen and therefore may have a bit more severe penalty than if she were. However, in a first offense, with most of the money returned and her admission and full cooperation with authorities she will most likely be put on probation. Then, the esponegment comes if she meets all the requirements, reports to her probation officer as required, Pays restitution, does community service work, attends whatever classes they demand etc. They may offer to erase the record after all requirements are met and she stays out of trouble.
Keep in mind that although the term "Made a mistake" is often used where young people are concerned one hardly steals 789.00 by mistake. It is unlikely this was her first theft either. Your main concern should be to get her to understand the severity and permanence of the NEXT penalty she will have to pay if she doesn't change her ways.

Answer 5

If they don't lower the pot charge or the theft charge to a misdemeanor, she will have a felony on her record until you can get it expunged. I don't know what state you live in, but that time limit differs from state to state. She could have to wait a few years and if she doesn't get into any trouble, no dirty UA's and she can not be questioned by the law, then she may start the proceedings of expungement. I have done this myself already. You can look up your state laws on expungement on line. It's over and all you can do is help her now, counseling will surely look good to the judge, And most attorneys request if there is a drug charge to go to rehab, If that is something you can do for her. And again that depends on what state your in, but you could find a rehab that is ran by the state and you won;t have to pay. I hope this helps and good luck. If this is the first time in trouble, she will probably get probation.

Answer 6

Work out getting the case esponged. Get some free legal advice from your local lawyers. A large amount of lawyers offer free advice. Since you have the internet, do your research. Keep her busy, and know where she is at all times. It'll look good in front of the judge if she have participated in some sort of program helping her with her problems. It appears that a attorney is needed, in this case, it's 50/50 chance that you will need one. Seek any free legal advice from multiple sources.

Answer 7

If the State Attorney is discussing a diversion program then you probably will not need an attorney, normally when the Prosecuting Attorney is willing to suggest a diversion peogram then your daughter will probably get by with some home or periodic confinement, complete a diversion, as well as a drug program and then if she successfully completes all of them she will not have a record. You should keep in mind that she will still have the arrest on her record and any law enforcement agency can get that info. if she re-offends then this previous arrest will reflect on her chances of getting light treatment again!!

Answer 8

One thing you might consider is not just her arrest, that you can deal with. What about her addiction to pot. If it has gotten this far she has a problem. Her powerlessness over the pot has gotten out of hand, if she has to steal to get it. I suggest that she check out the local NA (Narcotics Anonymous) groups in her area. Don't thing that pot is a narcotic? Think again, the addiction is the same. Next time the call may not be from the police but the coroner; how will you exponge that?

Answer 9

Not sure where you are from but in most cases you can obtain a Public Defender (Court Appointed Attorney) at no cost to her or you. And perhaps the best is to see if he the Public Defender can get her some kind of Pre-Trial Diversion....which is if she stays out of trouble for one year then they will drop the Charges. But if she was to get into trouble then they bring those and the new charges up on her....

But I would differently say she needs to get some kind of legal help. I know not alot of people like Public Defenders but hey when you have no legal help they can be helpful.

Good luck to you

Answer 10

Talk with the Da and see what that cando or offer. I would prolly plea her guity. She prolly going to get probation. Community serivce and have to pay the money back.

It will be on her record if she is found guilty. Between now & court make her work 4 hours a day or so on house hold duties. Cleaning, mowing the grass, painting. What ever. She will more than likeley get community service. Email me with any more ???s

Answer 11

Prepare yourself for a lot pain. Hide your valuables. If she is into drugs, the best you can do is not to enable her. I caused my Mother lots of pain when I was your daughters age. How many times my parents would go out of town and Mom would slip me a 50 so I would not go hungry. I said thanks and went straight to the dope house. Let her fall and let her hurt. Still love her but in no way enable her. She will hate you but she will have to hit bottom first to change. I am now 40ish and turned out ok. I did not grow up till my late 20s though and it was only after everyone turned their back on me. Maybe I am not typical but never the less my point is just do not enable her. Good Luck to you and her...