Q: What makes me eligible for diversion for theft 2? First time offender. 20 y/o with no prior misdemeanors or felonies.
One possibility is for the prosecutor to consent to a diversion pursuant to ORS 137.533, which may be available to those without any prior convictions or diversions. That said, this statute is clear that the prosecutor must be the one to ask the court for the diversion, so sometimes it takes more than simply being a first time offender to get them on board.
You should consult with an attorney about your options, especially if the prosecutor is not offering the diversion to you up-front. Best of luck to you!
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