Most jurisdictions realize that there may be reasons why someone faces their first arrest and possible conviction for a crime which do not always include willful disregard of the law and authority. As a result, they have established alternative sentencing programs for many first-time offenders that may prevent a criminal record and incarceration. Often, these programs apply to juvenile offenders, but there are many adults who find themselves in trouble with the law for the first time with great fear and little concept of what to do about it. At such a time it can be vital to have a criminal defense attorney at their side immediately to petition the prosecutor or district attorney’s office for leniency as a first offender.
How First Offenders Programs Work
Generally, someone who is a first offender should have an attorney at their side as soon as possible. Their attorney can then request that they be allowed to enter a first offender program. In some cases, if their attorney is not present, a defendant may request the court to enter them into this program. In still other cases, a prosecutor may realize that the defendant is far from a hardened criminal and may suggest the first offender program, however, it’s never a good idea to rely on assistance from the DA, as in many cases they will go for the maximum sentence.
Once entered into the program, the requirements vary, depending on the crime committed, the state laws, and the particular program into which they are entered. However, in most programs, participants sign contracts to complete all the requirements, at which time the prosecutor agrees not to prosecute them for the charges, to have the charges reduced, or to have them dismissed. Some common elements of first offender programs include:
- Education classes
- Restitution
- Community service
- Any necessary psychiatric, alcohol, drug, or vocational counseling
- Any other measures officials deem necessary to prevent their return to criminal associations or activities
Types of Charges That May be Eligible
Depending on the jurisdiction and the prosecutor, there are a variety of crimes for which first offender programs may be appropriate:
- Theft and shoplifting
- Fraud
- Prostitution
- Drug and alcohol offenses
- Traffic violations
- Domestic violence
- Misdemeanors
- DUI (This is a tough one)
Indeed, some of those who are facing their first charge for one of these crimes or others may have had repeated incidents where police were called because of suspicion or public nuisance in these areas. In those cases, the prosecutor may not agree that the first offender is eligible for this opportunity.
Learn more about what's involved when your Facing Criminal Charges.
Always Get Legal Representation
Criminal defense attorneys are not only representing their client, but working in their best interests. That can mean that they are the only party in their "legal corner," advocating for a second chance through a first offense program. They can present character references and suggestions for elements of first offender programs that would be appropriate in this case. Finally, they can provide advice, defense options, and legal counsel to their client about how best to plead in order to have the opportunity to enter this alternative sentencing opportunity and clear their criminal record.
