Shoplifting, Larceny, Robbery, Theft What is the difference between Diversion Program and (ACOD).

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stev3

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Hi, i just recently turned 26 and i was caught shoplifting at Store name in Nassau Long Island NY. This is my first offense ever. I am in college and unemployed. The receipt of the stolen items totaled $99.00 and the penal code is 155.25. My question is what is the difference between ACOD and Diversion Program and if you know which is better? I have checked all over RTA site and i am getting conflicting answers. I am a bit confused. My court date is on May 25th 2010. I am going to enroll is the NASP SA Program and am planning to complete this course by next week.
 
The reason you could not find an answer is because these programs vary by county. They are basically the same but you should ask your Attorny who is familar with local law
 
I shoplifted from Store name. Will they send a civil demand letter? Is there a slight chance they might not send it? On the day of my court date, i plan on pleading not guilty and and hopefully getting a public defender as i am unemployed and currently in school. Would this be the best course of action? I also plan on completing the NASP SA program before then.
 
You might keep your questions in your own topic to not confuse other posters. to answer you. You rplan does appear to be best course of action. The chances the store will not send a Civil Demand request is almost zero
 
if i get accepted into the Diversion program and complete it, will i still gave a record? Mugshot, fingerprint, and will it still be on my rap sheet? If i apply for a job can they do a background check and still see?
 
These programs vary. However its the norm for your case to be "dismissed" once you have successfully completed program. This means no conviction record
 
I got this from "atnyc". ( I was called to speak to a legal aid attorney after handing in my DAT. ) Does that mean i can get a public defender in the same court house before i see the judge? My court date is tomorrow, 5/24th.
 
my court apperance was at 9am. However, I did not get there till 9:15am. Once I found parking and I enter the court house I was asked to empty my belonging on a tray and I had to walk through a metal detector. Then I enter the court room around 9:30. There was about 80 people waiting for various trial, like traffic violations, trespassing, shoplifting, etc... The judge didn't come till 9:45. After he came, he started to call up people. He is up to the 70th person. Around 12:30 the court was in recess for a lunch break and will resume at 2PM. my name hasn't been called yet. I talked to a public defender after the break and he said he will try to get me an acod but said he can't guarantee it cause anything stolen that's above $50 is up to the da and judge. And I told him that I completed the nasp sa program and he said that it was a waste of my time and that if I get the Acod the court will offer a different program. Its 1:07PM. I will keep you updated.
 
So yesterday during recess i posted a comment on the rta site on my Blackberry. Here the update. After 2pm, everyone enter the court room to begin their trial. I was number 89. When i was called up, my public defender pleaded not guilty on my behalf and handed me a paper explaining to me what an ACOD is and the disadvantages and advantages of accepting it. He then told me to sit back down and decide what i wanted to do. 15 minutes later i was called back up again and i told my public defender that i am willing to accept the ACOD because i do not wish to go back to court at a later date for a trial since i know im guilty of shoplifting. The judge granted me the ACOD. I was not given any community service, or fine. All i had to do was make an appointment within 24 hours to register for a "ONE DAY" STOPLIFT program class that they only offer on a Saturday. The class cost about $125.00 and i have to pay by money order. Once i complete the program, i will be giving a certificate of completion. The program director will then mail my completion letter to the court to let them know i completed the STOPLIFT program and all i have to do is stay out of trouble for 6 month and then my case will be sealed. My one week ordeal is over. I hope this has been informative to anyone reading this and Special Thanks goes out to the Admin for answering any questions i had.
 
Your very welcome if this site was any help at all please feel free to pass it on to others. We would also ask you to post something in our "Testimonial" section.
 
O yea, another thing, even though the NASP SA program was overlooked by my public defender and the judge, that doesn't mean it might not work for you. As another site member "ATNYC" have had success with the program as the judge dismissed his case on the spot and his record sealed. The program was very informative and it honestly helped me reinforced my urge to not shoplift. The reward vs. the risk is not worth it.
 
follow up after court and civil demand letter

So after my court date i was required to scheduled an appointment for a STOPLIFT class by the judge. I wen't on JUNE 19th on a Saturday and completed my 7 hours course. Now i have to wait 6 months for my case to be dismiss or sealed since i was offered ACD by the court. However, on June 21st i received a civil demand letter from a law firm that demand i pay 499.80 or that if i cannot pay this amount in FULL, i may make a 9 monthly payments of 60.53. This letter is not from Palmer Reilfer & Associates but seems to be a local law firm located in Long Island NY. I've checked many website including Expertlaws.com, and Avvo and through their forums, many have suggested to not pay the civil demand. They said that many use scare tactics to try and extort money and that its rare for the company to sue or follow up on the payment. My question is do you know if anyone has ever gotten reported to a collection agency? I know that its possible but i have not found anything yet on someone getting reported for not paying their civil demand/restitution.
 
This is your call but I always suggest paying Civil Demand. Have people been sued or reported to credit agencies? Yes they have! Will you if you fail to pay? We cannot say. Its a crap shoot question is are you willing to gamble? By the way the people on those other sites are rarely experts and those sites are not monitored very well for accuracy. In fact posters on some of those sites have actually made matters worse for themselves by posting there
 
Is it possible to negotiate? Have you known any success is doing so? For example, will they except a payment of $250.00 instead of $500.00 or possibly lower?
 
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