How Diversion Programs Work for First-Time Offenders in PA

How Diversion Programs Work for First-Time Offenders in PA

Getting arrested for the first time can be really scary. You might not know what’s going to happen or if you’ll end up with a criminal record. Luckily, Pennsylvania offers diversion programs for some first-time offenders. These programs give people a second chance to avoid conviction. Keep reading to learn how they work!

What are diversion programs?

A diversion program lets first-time offenders avoid a criminal trial. Instead of pleading guilty or not guilty, your case gets moved out of the trial process. It gets put on hold while you complete requirements like classes, community service, etc. Even though you’ll have a probation officer, you haven’t been convicted yet.

These programs are intended to help courts that are overwhelmed with cases. They also aim to help people avoid the negative impacts of a criminal record, like trouble getting a job. Diversion is usually for nonviolent crimes like shoplifting, drug possession, theft, etc.

Types of diversion programs in PA

Here are some of the main diversion programs in Pennsylvania:

• ARD – Accelerated Rehabilitative Disposition Program
• SAM – Small Amount of Marijuana Program
• AMP 1 – Alternative Misdemeanor Program 1
• AMP 2 – Alternative Misdemeanor Program 2
• Summary Diversion Program
• Section 17 or 18 Drug Program
• Drug Treatment Court

ARD

ARD is available statewide for first-time misdemeanor offenses like DUI, theft, simple assault, etc. You’ll be on probation and have to complete requirements like classes, community service, etc. If you finish, your charges get dismissed and can be expunged.

SAM

SAM is for first-time possession of a small amount of marijuana. You’ll get probation, drug counseling, community service, etc. Once completed, your charges get dismissed.

AMP 1 & 2

These programs are for first-time misdemeanor charges in Philadelphia. You’ll be assigned probation and other requirements. Finish and your charges get dismissed.

Summary Diversion

This is for first-time summary offenses like underage drinking, disorderly conduct, etc. You’ll get probation and requirements like classes, community service, etc. Complete it and charges get dismissed.

Section 17 or 18

These programs are for first-time drug possession charges. You get probation, drug counseling, etc. Finish the program and your charges can be dismissed.

Drug Treatment Court

This rigorous program is for first-time felony drug charges. You plead guilty and enter an intensive long-term drug treatment program instead of jail. If you finish, your charges may get reduced.

How to get into diversion in PA

Entry into these programs is decided by the District Attorney’s office. Your lawyer can file a petition, but the DA ultimately decides if you’re accepted. Factors like your criminal record and the type of crime impact eligibility.

In general, first-time nonviolent offenders are the best candidates. Your lawyer will advise if you may qualify and help apply to the program that fits your situation. Be sure to follow all requirements so you can complete diversion and avoid conviction!

Benefits of completing diversion

The main benefit of finishing diversion is getting your charges dismissed. This spares you from having a permanent criminal record. Other benefits include:

• Avoiding jail/prison time
• Avoiding license suspension or other penalties
• Chance to get charges expunged later
• Opportunity for a fresh start

These programs recognize that a first-time mistake shouldn’t necessarily ruin your life. Diversion gives people a chance at redemption.

Risks of failing diversion

While diversion programs are beneficial, there are risks if you don’t complete them. Failing to finish your requirements could lead to some or all of the following:

• Having your charges reinstated
• Getting sentenced for your original charges
• Serving jail/prison time
• Having a permanent criminal record

So if you enter one of these programs, be sure to follow all the rules. Check in with your probation officer and lawyer regularly. Don’t let this second chance go to waste!

Finding a lawyer for diversion

Having an experienced criminal defense lawyer is important if you want diversion. A knowledgeable attorney can help in several key ways:

• Determine your eligibility for programs
• File petitions and advocate for your acceptance
• Negotiate with the DA to get you the best outcome
• Guide you through completing your requirements
• Advise if you’re struggling to finish the program
• File motions to dismiss charges and expunge records

Don’t go through this process alone. A lawyer can maximize your chances of getting diversion, successfully finishing it, and clearing your record.

Diversion FAQs

Here are answers to some frequently asked questions about diversion programs:

How long does diversion take?

It varies by program, but expect 12-24 months in most cases. Shorter programs may only be a few months. The Drug Treatment Court program can last several years.

Can I get diversion for any crime?

No, diversion is usually only for minor nonviolent crimes. More serious charges like felonies often don’t qualify. Check with your lawyer.

What are common diversion requirements?

Requirements may include classes, counseling, community service, drug testing, probation meetings, fines, etc. Your specific terms depend on your charges.

Can I fail diversion?

Yes, if you don’t complete your assigned requirements, you can get kicked out of the program. This will lead to sentencing on your original charges.

Do I have to plead guilty?

For most diversion programs, no pleading is required. However, Drug Treatment Court requires pleading guilty upfront before entering the program.

How much does diversion cost?

Costs vary but expect to pay around $1000-$2000 in fees, fines, etc. Drug testing and treatment costs may also apply.

Conclusion

Getting diversion instead of a conviction can be a huge relief for first-time offenders in PA. Make sure you understand the requirements and risks before entering any program. Hiring an experienced lawyer is key to getting accepted and finishing successfully. Diversion offers a great chance to move forward with a clean record if you work for it.