Diversion Programs for First-Time Offenders in Philadelphia

Diversion Programs for First-Time Offenders in Philadelphia

If you’re a first-time offender charged with a minor crime in Philadelphia, you may qualify for a diversion program. These programs give people a second chance by allowing them to avoid jail time and a permanent criminal record. Keep reading to learn more about the different diversion programs available in Philly and whether you might be eligible.

What are diversion programs?

Diversion programs provide an alternative to traditional criminal prosecution. Instead of going to trial or pleading guilty, participants complete requirements like classes, community service, treatment, or probation. Upon successful completion, charges are often dropped or reduced.

The main benefits of diversion programs are avoiding jail time and keeping your record clean. Without a conviction on your record, you’ll have an easier time finding jobs, getting student loans, renting apartments, and more.

Types of diversion programs in Philadelphia

Here are some of the most common diversion programs in Philly:

Accelerated Rehabilitative Disposition (ARD)

ARD is available for first-time offenders charged with minor crimes like DUIs, small thefts, simple assault, trespassing, harassment, and more. It involves 6-12 months of probation. Upon completion, your charges are dismissed and record expunged.

Alternative Misdemeanor Program (AMP)

AMP has two levels – AMP 1 is for first-time offenders while AMP 2 is for those with limited records. Participants complete community service, classes, and other requirements within 5 weeks. Charges are then withdrawn.

Summary Diversion Program

This is for minor summary offenses like disorderly conduct, open container violations, trespassing, etc. You attend a one-day class and get charges withdrawn upon completion.

Drug Treatment Court

For nonviolent drug possession charges. Extensive probation, treatment, and monitoring program for 1 year. Charges dismissed after completion.

DUI Treatment Court

For first or second DUI charges. Reduces mandatory minimum jail time in exchange for probation, house arrest, and treatment. Charges dismissed after completion.

Eligibility for diversion programs

Eligibility varies by program, but here are some common requirements:

• First-time or limited criminal record
• Nonviolent charges
• Resident of Philadelphia
• Clinical evaluation showing arrest connected to mental health, addiction, etc.

Even if you don’t perfectly meet the requirements, a skilled defense attorney may still be able to get you into a program by negotiating with the DA’s office.

The application process

Your lawyer will contact the DA’s office and request a review for diversion program eligibility. If approved, you’ll go through the application process which varies by program. It often involves interviews, paperwork, treatment plans, etc.

Having an experienced attorney guide you through the application is key. They’ll help ensure you put your best foot forward so you get accepted.

What happens if you don’t complete the program?

Failing to complete your diversion program can lead to serious consequences like being found guilty of the original charges. That’s why it’s critical to follow all requirements like treatment, classes, community service, probation meetings, drug testing, etc.

If you do slip up, your attorney can help mitigate the damage. In some cases, they can negotiate for you to continue probation rather than face conviction.

Life after diversion programs

Once you successfully complete your diversion program, the charges are dismissed. In most cases, you can then have your arrest record expunged so it’s erased from your history.

Expungement opens doors to jobs, education, housing, and other opportunities that may have been closed due to your criminal record. It allows you to truthfully answer “no” if asked whether you have a record.

Some diversion programs like ARD include automatic expungement upon completion. For others, you must petition the court for expungement which your attorney can handle.

Why hire an attorney?

Having an experienced criminal defense attorney in your corner greatly improves your chances of getting into a diversion program and avoiding conviction. Here’s how they can help:

• Determine eligibility for diversion programs
• Negotiate with prosecutors for acceptance
• Guide you through the application process
• Advocate for continuance if you slip up in the program
• Handle expungement paperwork after completion

Don’t leave your fate up to chance. Hire a knowledgeable attorney to fight for your second chance.

For more information on diversion programs in Philadelphia, check out these helpful resources:

[1] Philadelphia First Time Offenders Defense | ARD Option

[2] Adult Diversion and Alternatives to Incarceration Initiatives – Office of the District Attorney

[3] Am I Eligible for a Diversion Program in Philadelphia? – Lento Law Firm

[4] How to Avoid a Criminal Record for First-Time Offenders – The Fishman Firm

[5] Diversion Program Options in Philadelphia – Link Law, LLC

[6] An Alternative to Incarceration: Philadelphia’s Pre-trial Diversion Programs – ThePhillyLawyers Blog