Q: Can or should my case be plead down to a civil suit? And should I be on probation even though I was never arrested?
am a contractor that received payment for a job after contract signing. I have done several jobs for these homeowners in the past. I delivered some of my tools and equipment to complete the job. I was unable to complete their job due to spending the startup money on other projects and planned on returning to the job once I made the money from other jobs. I did not contact the homeowners due to our previous relationship and thought that they would know that I would be back to complete the job. Eventually they filed charges against me resulting in a felony theft charge. I assumed it would be dropped to a civil suit but it was not and I was indicted by a grand jury. Are they allowed to place me on probation with a curfew and alcohol restriction without an arrest ever being made? And should this be dropped to a civil suit if I pay the homeowners back in full?
A: It’s been indicted, they aren’t just going to drop it in favor of a civil suit. You’re facing criminal charges with criminal penalties. Probation is certainly possible. It will help a lot if you can pay back the money and it may be your path to avoiding conviction on the criminal charge. You should work with an attorney and see if there is a diversion option.
Dimitrios Makridis agrees with this answer
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