Legal Question in Criminal Law in Georgia

Is it possible to have a pre-trial or pretrial conversion program for a felony theft while a fiduciary responsibility in Fayette County Georgia? I've read about the success rates of Diversion programs. My nephew was arrested while working as a cashier for Wal-Mart when he was stold money from the cash register. He's 21 years old and has never done anything like this before. This is his first time, and I believe he learned his lesson spending over 30 days in jail. He was told that he signed some paperwork upon his hiring at Wal-Mart as a cashier that "waives his rights" to a first offender or pre-trial diversion? Is this true?


Asked on 10/21/09, 9:48 pm

1 Answer from Attorneys
Sparticus Heyward The Law Office of Sparticus Heyward, PC

Yes, it is possible to have your nephew enter a pre-trial diversion program where upon his completion of some conditions, his charges would be dismissed or recieve First Offender Treatment, where upon the completion of his sentence, his charges would be dismissed. There a several factors that must be considered in getting him approved for either, non of which involves any "waiver of rights" he purportedly signed at walmart. Unless he waived his rights in a prior judicial proceeding, he is still entitled to all of his rights available under the law. Please give my office a call for a free consultation.

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Answered on 10/27/09, 9:47 am


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