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Entering Diversion Programs for Philadelphia Criminal Offenses
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Entering Diversion Programs for Philadelphia Criminal Offenses
Getting arrested can be scary and overwhelming. Even for minor offenses, the criminal justice system can seem cold and unforgiving. However, for some first-time offenders charged with nonviolent misdemeanors in Philadelphia, there may be an alternative path – one focused more on rehabilitation than punishment. This article will break down diversion programs in Philadelphia – what they are, who’s eligible, and how to enter.
What Are Diversion Programs?
Diversion programs aim to “divert” select defendants away from traditional criminal prosecution. Instead of jail time or probation, participants complete rehabilitative requirements like counseling, community service, or paying restitution. Upon successful completion, participants avoid a formal conviction on their record.
As the Philadelphia District Attorney’s office explains, “Years of overreliance on mass incarceration and punitive policies have not made our communities safer….Diversion programs are designed to:
- Address the underlying causes of unlawful or harmful behavior while holding people accountable
- Treat substance use as a public health issue”
By focusing on rehabilitation over punishment, diversion seeks to reduce recidivism rates and mitigate the wider costs of mass incarceration disproportionately borne by marginalized communities.
Types of Diversion Programs
Accelerated Misdemeanor Program (AMP)
The District Attorney’s office runs two levels of AMP. AMP I only accepts nonviolent first-time misdemeanor offenders with no prior record. Participants attend educational programs, perform community service, and pay restitution. Upon completion, charges are withdrawn.
AMP II accepts nonviolent offenders with a “limited” criminal history. Requirements are similar but more intensive, including mandatory drug tests.
Summary Diversion Program
This Saturday education program hosted by the First Judicial District focuses on minor summary offenses like underage drinking, shoplifting, and disorderly conduct. Participants pay a $200 fee and have charges withdrawn upon completion.
Specialty Courts
Philadelphia has several “specialty courts” targeting specific populations like those with mental illness or addiction. These courts connect participants to customized support services while monitoring their progress. Examples include Mental Health Court, Drug Treatment Court, and Veterans Court.
Eligibility Requirements
Entry into any diversion program depends on factors like:
- Type and severity of charges
- Criminal history
- Motivation to complete program
As the DA’s office notes, they “typically pursue diversion when cases involve nonviolent misdemeanor crimes and a defendant who is strongly motivated.”
Certain charges automatically preclude eligibility, including violent felonies. Applicants with extensive criminal histories are also less likely to qualify. Motivation matters because these programs require rigorous commitment for successful completion.
How to Enter Diversion
- Consult your defense attorney – If you meet basic requirements, ask your lawyer about diversion program options and how to apply. The earlier you enter the process the better.
- Undergo screening – The DA’s Diversion Unit will screen each case to gauge eligibility and fit for a given program. They assess factors like charges, criminal background, and likelihood of completion.
- Formal application – If cleared through initial screening, your lawyer can formally apply to the DA’s Diversion Court Unit. You’ll provide background documents so they can further verify your eligibility.
- Acceptance determination – The DA ultimately decides whether to approve or deny diversion. If accepted, you’ll receive official notice outlining your program requirements.
- Enter and complete program – Once enrolled, diligently participate to meet all requirements by the deadline. This looks different based on the program but generally entails counseling, community service, restitution payments or a combination.
- Charges withdrawn – Upon verified completion, the DA will withdraw the original criminal charges. With no conviction on your record, you avoid collateral consequences that stem from a formal guilty plea.
Takeaway
For eligible defendants facing minor criminal charges in Philadelphia, diversion programs provide a rehabilitative lifeline – sparing you from harsh punishment while addressing underlying factors driving unlawful behavior. This alternative path requires rigorous commitment but allows you to avoid a damaging criminal record if completed successfully. Consult a defense lawyer right away to assess your options. Diversion offers real second chances for those willing to work for them.