What are the odds of getting a pretrial diversion with petty theft misdemeanor charge in Santa Clara county?

Question

It was my first time, and yes. An obvious mistake. I would do anything to be able to not have this charge on my record, and am willing to pay all the fines and do all the community service... I am going to be getting a lawyer, but I just wanted to know how the referral of a pretrial diversion program happens and if it's even likely I'll be getting by. I believe I am going to plead not guilty at arraignment and go for some kind of plea bargain... but would just like to know my options. It was a mistake that I know I will pay for, I just want to do my best to not let it affect my future as much as I can.

Also, I have heard that Santa Clara County doesn't even have a pretrial diversion program... is that true? & would it be possible to apply for it somewhere else?

Answer 1

This is something to discuss with your attorney, however if the county itself does not offer pretrial diversion, you cannot ask for a change of venue based on wanting to erase your record when your probation is completed. A change of venue is only allowed when a person cannot get a fair trial based on adverse publicity or too high a profile for the county he is going to court for.

Your next best option would be an expungement a year after completing your probation. Again, discuss this with your attorney before the trial and he can set it up for you.

Best of luck and I hope this is useful to you