Is there such thing as an online theft diversion class? 5 Answers as of August 04, 2011

My husband recently got caught shoplifting at a Home Depot in Escondido, California for $60 worth of merchandise. He's never been arrested, and has no criminal history. In fact, doing something stupid like this is totally out of his character. He will be appearing in San Diego County Superior Court, Vista, California on or before August 5, next week. (we live in Anaheim, Orange County). He's already made an appointment to get psychological counseling, and has paid $350 to their civil attorneys under Code Sec. 490.5 for restitution to the merchant. Now, he would like to enroll in theft diversion classes online. My question is: Does the San Diego County Superior Court officially approve of online theft diversion classes, as opposed to attending them in person? There are a number of them available online. I'm asking because he has 5 ruptured discs in his back with 6 surgeries behind him already, so he has a hard time sitting for any length of time.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
Different courts accept different types of diversion programs. Unfortunately, I only practice in the Santa Clara area (about 600 miles from San Diego. You should easily get the answer from a consultation with a San Diego or Anaheim attorney.
Answer Applies to: California
Replied: 7/29/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The only programs that will do him any good to join are those approved by the court and probation department he is dealing with. If they have already approved those you have found, then he could join one of them before being ordered to as a show of good faith dealing with his problems, without too much risk of wasting his money. His attorney could make an argument at court for anything other than those on the approved list. If you are serious about hiring counsel to represent him, feel free to contact me.
Answer Applies to: California
Replied: 7/29/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
First of all, your husband is doing all the right things in getting counseling and attending theft diversion classes. Taking these actions may serve him well when he has to appear in court. The goal, of course, should be to avoid a petty theft conviction on his record. That being said, your husband's best chance of avoiding a conviction is by hiring an experienced criminal defense attorney to represent him. On the positive side, the amount of theft is $60 which is barely over the $50 theft infraction under Penal Code Section 490.1. My point is your husband may be in a great position to negotiate a favorable settlement of the case. So before he starts attending the classes, he should first consult with and hire a criminal defense lawyer. If you would like to discuss this matter in more detail, you are welcome to contact me. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 7/29/2011
Law Office of Rodney Nosratabadi
Law Office of Rodney Nosratabadi | Rodney Nosratabadi
Some counties allow diversion and other counties won't. .
Answer Applies to: California
Replied: 7/29/2011
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