STATE v. MR

Client charged with one count of Grand Theft a third degree felony.  Attorney negotiated with the prosecutor earning a deal consisting of a Withhold of Adjudication and Probation consisting of only repayment of the allegedly stolen funds.  Attorney recommended to his client to bypass the Pre-Trial Diversion program in this county so as to be able to seal client’s record in the future.  Entry into Pre-Trial Diversion in this particular county does not allow for potential sealing or expungement at a later date, thus the arrest for a felony crime of dishonesty would be on his record permanently.  Client wanted to be able to seal his record, and knowing of the caveat in the Pre-Trial Diversion agreement in this particular county, Attorney strategically advised his client to enter in to a plea deal involving a Withhold of Adjudication.  Because the client has no prior record, he will be able to seal his record upon successful completion of probation.