Pre-Trial Intervention Programs: A Path to Dismiss Petty Crime Charges

What is Your Recourse if You Are Charged With a Petty Crime?

If you are charged with a minor crime or a petty offense in or near the greater Syracuse area, your immediate priority is finding the right defense attorney. You must contact the offices of a Syracuse petty crimes attorney at once.

The courts in New York usually provide pretrial intervention programs for defendants with no previous criminal record who are charged with minor crimes. Pretrial intervention programs offer qualified defendants a way to avoid jail and avoid establishing a criminal record.

What Should You Know About Pretrial Intervention Programs?

If you are a first-time offender charged with a petty offense or a misdemeanor, your attorney can ask the court to approve you for a pretrial intervention program. If you successfully complete the program, the case against you will be dismissed and you will not have a criminal record.

The courts in New York understand that incarceration is not always the appropriate answer in every case. Especially for young people charged with minor crimes and adults who have no previous criminal history, pretrial intervention may provide the best resolution.

Pretrial intervention programs cost the taxpayers far less than jails and jury trials, and pretrial intervention also gives first-time offenders the chance to perform community service and the opportunity to compensate victims through restitution.

What Does Pretrial Intervention Require?

In some cases involving petty offenses and misdemeanors, the defense and the prosecution will agree that a defendant qualifies for a pretrial intervention program. In contested cases, both sides may offer evidence about whether incarceration or pretrial intervention is best for the defendant.

Pretrial intervention requires a defendant to admit guilt, and the court orders the defendant to participate in a program that is personalized for that defendant. If a charge involves drugs, detox and counseling may be ordered. For a traffic violation, driver’s ed classes may be required.

A defendant who is approved for pretrial intervention must routinely meet with a probation officer who ensures that the terms and conditions of the intervention program are being satisfied. In many cases, a defendant can participate while residing at home and staying employed.

Pretrial intervention programs typically take from twelve to twenty-four months. If a defendant successfully completes the program, the charge is dropped, the case is dismissed, and the incident does not create a criminal record.

What Are the Pros and Cons of Pretrial Intervention?

A misdemeanor conviction establishes a criminal history that may make it difficult to find work or housing, obtain a loan, or qualify for public benefits. Pretrial diversion allows you to avoid creating a criminal record and having to deal with the difficulties a criminal record creates.

However, if you’re offered a pretrial intervention program, there are also risks, and you should discuss those risks with your Syracuse criminal defense lawyer. For example, pretrial intervention programs are usually paid for by defendants, and some programs are quite costly.

Some programs may also entail requirements that take you from your work or other responsibilities. Finally, if you fail to complete successfully a pretrial intervention program, your case will go back to court, where you could be convicted and receive the maximum sentence.

Are There Different Types of Pretrial Intervention Programs?

In the State of New York, pretrial intervention and diversion programs include but are not limited to:

• Drug courts: New York has established special courts to address cases involving substance and drug abuse issues. Qualified defendants may receive treatment, counseling, and support services instead of criminal penalties.
• Mental health courts: Some New York jurisdictions have established mental health courts that focus on defendants who are struggling with mental health issues. These courts connect defendants to the appropriate mental health treatment and services.
• Youthful offender programs: For defendants who were under 19 years old when the offense was committed, New York has also established programs that offer rehabilitation and alternative sentencing options.

Based on the particular details of your case and the specific programs that are available in your jurisdiction, a Syracuse petty crimes attorney can advise you regarding a pretrial diversion and intervention program that may be appropriate for you.

What if You Are Not Guilty?

Of course, you should not need pretrial intervention or diversion if you’ve been wrongly accused and you are innocent of any crime or petty offense. If you’re certain that you are not guilty, tell your Syracuse criminal defense lawyer, and insist on exercising your right to a trial.

If you go to trial with a misdemeanor case, your defense attorney will prepare a defense strategy that is both aggressive and effective. Your attorney will cast doubt on the state’s evidence and witnesses, offer your defense, and explain to the jurors why they should find you not guilty.

A petty offense in New York is not a criminal charge, so it does not entail the right to a jury trial. Nevertheless, if you are charged with a petty offense, and you did not commit that offense, your lawyer will explain to the judge why you are not guilty and ask the judge for an acquittal.

But if you are guilty as charged, and if you are offered a pretrial intervention program, while there are risks, you should almost always take advantage of the help, treatment, and counseling that the State of New York is offering you.

Put Your Case in Our Hands at Passalacqua & Associates

Criminal convictions often entail lifelong ramifications. However, if you’ve been arrested in the Syracuse or Utica area, and you’ve never before been charged with a crime, you may qualify for a pretrial intervention program. Let Passalacqua & Associates represent you.

The award-winning attorneys at Passalacqua & Associates have decades of criminal defense experience. We know what it takes to win the best possible outcome in your case, whether that outcome is an acquittal, probation, or pretrial intervention and diversion.

If you are in or near the Utica or Syracuse area, and if you’re currently charged with a petty offense or misdemeanor – or if this happens in the future – call Passalacqua & Associates immediately at 315-277-3548 and schedule a no-obligation, no-cost evaluation of your case.