lawyer for Offenders Facing First Time Charges LawyersPhiladelphia
When an individual is charged with a crime for the first time, the judicial system in Pennsylvania will typically allow first time offenders to be entered into pretrial diversion or deferred adjudication programs. These programs are geared toward helping the first time offender become rehabilitated, rather than subjecting him or her to harsh penalties.
Philadelphia Defense Attorney for First Time Offenders
At Alva & Moscow, LLC we aggressively represent first time offenders who have been charged with any offense. With the help of a skilled Philadelphia defense attorney, you can successfully avoid spending time behind bars, and be accepted into a pretrial diversion program.
We will work to show the judge why you are eligible for and how you can benefit from a rehabilitative program. If you are a first time offender in Chester County, Bucks County, Montgomery County, Delaware County, New Jersey, or Philadelphia, call us today at (215) 665-1695.
Information for First Time Offenders in Pennsylvania
What is the Accelerated Rehabilitative Disposition Program?
One of Pennsylvania’s most commonly used rehabilitative programs is the Accelerated Rehabilitative Disposition (ARD). The ARD is a pretrial diversion program that helps individuals avoid time behind bars by placing them in rehabilitative programs, aimed at keeping them from becoming repeat offenders. In order for a defendant to be eligible for ARD or other rehabilitation programs, he or she must:
Waive the right to a preliminary hearing
Waive the right to a speedy trial
Not be facing charges for a sex crime
Not be facing charges for a violent offense
Not have any pending charges against them
Not have been previously convicted of misdemeanor or felony offense
Not have previously been involved in ARD or any other pretrial diversion program
Even if an individual meets the above criteria, it is no guarantee that he or she will be accepted into a pretrial diversion program. The decision is ultimately up to the district attorney, who will make a decision based on a variety of factors.
Individuals who have been charged with certain offenses may automatically be ruled ineligible for a diversion program. These programs are usually reserved for defendants who are accused of minor offenses such as:
DUI
Possession of a Controlled Substance
Shoplifting
Burglary
Vandalism
Traffic Crimes
Crimes involving marijuana
If you have been charged with an offense listed above, or any other minor offense, you could be eligible for a diversion program. Having a qualified criminal defense attorney on your side that has experience dealing with clients in your situation could greatly increase your chance of being accepted into a rehabilitative program.
Providing Quality Legal Representation to First Time Offenders in Chester County
If you have been charged with a crime for the first time, it is natural to feel worried, or uneasy. Let the attorneys of Alva & Moscow, LLC put your mind at peace and alleviate your stress by fighting to have you admitted into a rehabilitative program, and helping you avoid time behind bars.
In order to give yourself the best chance at maintaining your freedom, contact us today at (215) 665-1695 and schedule your consultation. Alva & Moscow, LLC represents first time offenders in and around the counties of Philadelphia, including Chester, Delaware, and Montgomery.
Pennsylvania First-Time Offender FAQs
What is the ARD program in Pennsylvania?
Accelerated Rehabilitative Disposition is a pretrial diversion program for defendants with little or no criminal record. Instead of pleading guilty, you complete a period of supervision with conditions such as classes, community service, and restitution. On successful completion the charges are dismissed and the arrest record can be expunged, leaving no conviction.
Who qualifies for ARD?
Eligibility is decided by each county's District Attorney, so standards vary between Philadelphia, Montgomery, Bucks, Delaware, and Chester Counties. Generally you need no prior record and no prior ARD within ten years. Cases involving serious bodily injury, death, a child in the vehicle during a DUI, or most sexual offenses are typically excluded.
How long does ARD last?
ARD supervision usually runs from six months to two years depending on the offense and the county, with DUI cases commonly set at six to twelve months. Conditions typically include a safe driving or drug and alcohol program, community service, restitution, and payment of costs.
Does ARD count as a conviction?
No. ARD is not a conviction and you never enter a guilty plea, so you can generally answer that you have not been convicted of a crime. It does count as a prior offense for DUI sentencing purposes for ten years, and it must still be expunged by petition - the record does not clear itself.
What is probation without verdict?
Probation without verdict under 35 P.S. § 780-117 is a diversionary disposition specific to drug possession cases. The defendant pleads nolo contendere, the court defers further proceedings, and on successful completion of probation the charge is dismissed and can be expunged. It is available to those charged with possession who have no prior drug conviction.
Will a first offense stay on my record?
The arrest record stays until you take action to remove it. Even after ARD or a dismissal, the charge remains visible on background checks until an expungement petition is granted, which usually takes several months. Filing that petition promptly is the step most people skip.
Should I just plead guilty to get it over with?
Almost never on a first offense. A guilty plea creates a permanent conviction that cannot be expunged in most cases, and it can affect employment, housing, professional licenses, firearms rights, and immigration status for decades. Diversionary programs that leave no conviction are frequently available and are worth the extra months they take.
Finding The Best
Attorney in PhiladelphiaFor Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the
negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for
your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our
principles of aggressive representation to seek the best results for you.
We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware
Counties, as well as Pennsylvania and New Jersey.
