Philadelphia First Time Offender Defense Lawyer | Defense Attorney for First-Time Offenders in Philadelphia

When you are arrested for the first time in Pennsylvania, you are probably assaulted with a wide array of emotions which likely include things like shock, fear, frustration, and confusion. Many people go through life thinking that they will never be arrested, that it's something that just happens to "other people," and thus are bewildered and frightened when they find themselves facing their first criminal charges in Philadelphia.

Not only can a qualified Philadelphia criminal defense attorney help you put to rest these negative emotions, but he can begin working on a proactive defense to your case using your status as a first-time offender as a mitigating factor or as a means to participate in one of Pennsylvania's pretrial diversion programs.

Philadelphia First Time Offender Defense Attorney

A first-time arrest can be an intimidating experience, and for good reason. Not only could you potentially face presumptive sentencing such as jail time or fines, but your clean criminal record and the opportunities attached to it are threatened. If you are a first-time offender arrested and charged with any criminal offense in the Philadelphia area, Lento Law Firm can fight to get your charges reduced or dismissed, or otherwise find a favorable outcome for your case – such as found in pretrial diversion programs.

Joseph Lento has years of experience in the Philadelphia court system. He knows what options are available to you as a first-time offender in the Philadelphia area, as well as what it takes to defeat your charges in court. To find out what Lento Law Firm can do for your case as a Philadelphia first-time offender, call (215) 535-5353 today and schedule your free initial case consultation.

Philadelphia First-Time Offender Information Center

Pennsylvania's Accelerated Rehabilitative Disposition Program in Philadelphia

Commonly referred to as ARD, the accelerated rehabilitative disposition program was created by Pennsylvania to divert first-time offenders, especially for nonviolent crimes, from the criminal justice system into rehabilitation so as to invest in the reduced risk of that person becoming a repeat offender. These programs are often referred to in other states as pretrial diversion programs or deferred disposition programs.

This process is governed by 234 Pa. Code Rule §§ 300-320, which assigns the duty of determining eligibility for ARD to the district attorney. The process therefore varies county-by-county, but generally involves the following requirements:

Waiving of your right to preliminary hearing
Completion and return of paperwork to the court on or before your preliminary hearing date
Lack of any prior misdemeanor or felony convictions in this state or another jurisdiction, including in military tribunal court
Lack of any pending misdemeanor or felony charges in this state or another jurisdiction, including in military tribunal court
No previous participation in an ARD program or similar pretrial diversion program
Criminal charge involved in the case is not for a violent crime or sex crime
Waiving of your right to speedy trial
Payment of court costs

The Philadelphia District Attorney has full discretion as to which cases will be accepted into the ARD program and which cases will not be accepted. Mainly nonviolent cases such as retail theft/shoplifting, DUI, white collar crime, and traffic crimes are eligible for ARD, while cases of minor assault require the agreement of the victim to ARD. In Philadelphia, only your experienced criminal defense lawyer can contact the district attorney to determine eligibility for your first-time offender case.

Once accepted into your ARD program, the Commonwealth will suspend your charges and order you to complete requirements like restitution to any victims, rehabilitative classes, community service, a drug or alcohol evaluation, counseling, a period of supervision similar to probation, and reasonable financial support related to the cost and administration of such a program. Fines may not be imposed as a condition of ARD, and the accelerated rehabilitative disposition program may not last for longer than two years.

If the ARD program is successfully completed, the suspended charges for your first offense will be dismissed and you will be eligible for a clean record 30 days after your Philadelphia ARD program is completed. Failure to successfully complete the ARD program will result in your first offender case going to trial. A skilled and knowledgeable criminal defense attorney serving Philadelphia first-time offenders can help you determine which, if any, first offender program such as ARD is best for your case and walk you through the steps they require.

Philadelphia First Offenders and the Section 17 Drug Program

Some of the most common arrests involving first time offenders in Philadelphia are drug-related – specifically, drug possession or possession of a controlled substance. For a first offender in Philadelphia who can prove he or she is drug-dependent, there are two options available under 35 P.S. § 780-117 & 780-118, known as Section 17 and Section 18 of the Pennsylvania Controlled Substances, Drugs, Device, and Cosmetic Act, respectively.

Section 17 provides a drug-dependent, nonviolent offender of the drug act with an option of probation without verdict. To prove drug dependency, the defendant must provide the testimony of a physician or psychologist trained in the field. To be placed on Section 17 probation, you must plead guilty or nolo contendre (no contest) to the nonviolent drug offense you are charged with and agree to the requirements of special probation, such as treatment for drug addiction.

The length of the special probation without verdict under Section 17 will not exceed the maximum sentence allowed by law for the nonviolent drug offense with which you are charged. Successful completion of Section 17 probation, including the fulfillment of all requirements, means a discharge of you as a defendant and the dismissal of your Philadelphia nonviolent drug case without a judgment of guilt. Defendants not eligible for the Section 17 program include those with the following disqualifications:

Previous conviction for a drug crime
Previous conviction for any misdemeanor or felony
Previous placement in a Pennsylvania ARD program for any offense
Existence of separate charges that arise from a separate criminal episode and can be tried separately
Existence of a juvenile delinquency that labeled the defendant a dangerous juvenile offender
Juvenile delinquency for the following:

drug manufacture or delivery
drug possession with intent to manufacture or deliver
possession of more than 30 doses of a controlled substance

Charge in question is for one of the following:

unlawful distribution of a controlled substance by a practitioner
drug manufacturing or delivery
drug possession with intent to manufacture or deliver
possession of more than 30 doses of a controlled substance

Philadelphia First Offenders and the Section 18 Drug Program

Section 18 of the drug act is a deferred disposition program that provides for drug-dependent, first-time offenders charged with any nonviolent crime who request appropriate treatment prior to trial. This includes admission or commitment of the defendant under the Mental Health and Mental Retardation Act of 1966. A court-appointed physician experienced or trained in drug dependency and drug abuse evaluates the defendant, as well as his or her record if necessary.

The physician then advises the defendant, the district attorney, and the court in writing whether prosecution should be withheld or withdrawn in favor of the treatment and rehabilitation of the defendant, or if criminal charges should proceed. Upon a recommendation for treatment, it is up to the Philadelphia district attorney to decide whether or not to abide by the physician's recommendation under Section 18.

If the district attorney for Philadelphia accepts the physician's recommendation for withheld or withdrawn prosecution in favor of drug rehabilitation of the defendant under Section 18, the court will make arrangements for treatment. The charge may not be prosecuted so long as the director of the treatment facility certifies the defendant is cooperating in and benefiting from prescribed treatment. Prosecution may be withheld under Section 18 for no longer than the statute of limitations or maximum term length for the offense. At the end of this period, the Philadelphia drug charge will be automatically dismissed.

Finding the Best Philadelphia Attorney for First-Time Offenders

First offender programs like ARD, Section 17, and Section 18 are available to the defendant only once. Additionally, there are other options available to you as a first-time offender than the programs – such as negotiating with the prosecution or working toward a case reduction or dismissal. If you have been arrested for the first time in Philadelphia, Lento Law Firm can explore all the defense options with you, as well as walk your case through any related record sealing or expungement processes.

Joseph Lento is a skilled and knowledgeable Philadelphia criminal defense attorney who knows what it takes to achieve a favorable outcome, and is not afraid to take your first time offender case to trial if necessary. Your first consultation with Lento Law Firm is free, so call (215) 535-5353 today and schedule yours.

First Time Offenders