By Attorney Chris Gallagher
Connecticut offers many pre-trial diversionary programs for first time offenders. These programs, if successfully completed, allow alleged offenders to have the charges dismissed after an unsupervised probationary period.
The Alcohol Education Program (A.E.P.) is a pre-trial program for first time DUI offenders authorized pursuant to Conn. Gen. Stat. §54-56g. The program provides for a suspension of prosecution for one year and avoids a conviction and one year license suspension which is mandatory for a conviction of a first time offender. Generally, an individual is eligible for the program if he or she has not had the program invoked on their behalf within the past 10 years and has never been convicted of operating under the influence, manslaughter with a motor vehicle or assault with a motor vehicle.
If the program is granted, the participant is referred to the Bail Commissioner Office and ordered to participate in 10 or 15 sessions of alcohol education treatment. If the client successfully completes the program, the charges are dismissed but a record is kept by the Department of Motor Vehicles for 7 sevens years after completion.
The Drug Education Program (D.E.P.) is pre-trial program for individuals charged with possession of drugs or drug paraphernalia. Upon application, the client agrees to a tolling of the statute of limitation to prosecute the offense, a waiver of the client’s right to a speedy trial and if granted the program, to perform 32 hours of community service and complete a drug education component. Upon successful completion of the education and community service requirements and if no new arrests occur, the charges against the client will be dismissed.
Accelerated Rehabilitation (A.R.) is for those charged with criminal offenses that are not of a serious nature. The Court must make a two pronged finding for those individuals applying for A.R. The Court must find that the charges are not of a serious nature to preclude program participation and that the client is not likely to offend again in the future.
During the application stage of accelerated rehabilitation, the client must state under oath that they have not had this program granted before, nor have they been convicted of a crime or serious motor vehicle offenses. The applicant must also give notice of his or her application to the complainant or victim. Further, the applicant must not be charged with an A or B Felony with the exception of Larceny 1 (without the threat of force) or a C Felony unless good cause is shown.
If granted the client would be placed on a period of unsupervised probation for a period of up to 2 years with special conditions of probation ordered at the judge’s discretion. If the client successfully completes the program, the charges are dismissed pursuant to Conn. Gen. Stat. §54-142a.
For more information or if you are in need of advice regarding any such criminal matters, call Attorney Chris Gallagher at (203) 255-9877.
These are three of the many pre-trial diversionary programs available for first time offender. Attorneys at the Law Firm of Victoria T. Ferrara, P.C. are knowledge in the requirements and applications of these many programs. For an initial consultation, please call us.
