Vietnamese-American singer Lynda Trang Dai faces US court after being denied diversion in alleged $330 Gucci AirPods theft case

According to the Orange County Clerk of Courts in Florida state, she was denied participation in the Pre-Trial Diversion (PTD) program, which offers accused people the chance to avoid prosecution by doing community service or educational courses.

The District Attorney’s Office decided that the singer did not meet the eligibility criteria because she has previously been convicted of petty theft.

Vietnamese-American singer Lynda Trang Dai. Photo courtesy of the singer

It has asked the court to schedule a pre-trial conference, a procedural meeting between prosecutors, defense attorneys and a judge to discuss the case and determine the next steps toward trial.

Dai had asked to do legal education programs or perform community service and compensate the loss in the hope of having her theft charge dismissed.

Court records indicate that she was accused in January of stealing merchandise valued between $100 and $750.

In February she told VnExpress in her first public comments that she had inadvertently taken the $330 AirPods case while rushing to a performance, which led to her being accused of petty theft.

On Aug. 14 she and her attorney filed a petition asking the court to suspend the criminal proceedings while she completed the PTD program.

But the PTD program is available only to a "first offender" or "any person previously convicted of not more than one nonviolent misdemeanor."

It allows offenders to avoid formal prosecution, while holding them accountable and giving them a chance to correct their behavior without a criminal record.

Dai, 57, moved to the U.S. with her family in the 1970s. Known for her dynamic stage presence, she has often been compared to Madonna. She is married to Vietnamese-born singer Tommy Ngo.