When people are charged with a crime for the first time – particularly if they’re convicted and spend time behind bars — it can set them on a downward spiral that lands them on the wrong side of the justice system for the rest of their lives. It can also be a learning experience that can result in getting the help and skills they need and send them in the right direction.
Let’s look at a few options for first-time offenders for comparatively minor crimes like shoplifting and petty theft as well as low-level drug offenses. The two are often linked, with many people turning to theft to afford drugs.
Diversion
Colorado has both adult and juvenile diversion programs within its individual judicial districts. These offer treatment options for those with drug and/or alcohol abuse issues as well as for mental health disorders.
Those facing criminal charges can get them dismissed by successfully completing a diversion program. They need to apply for a program before they enter a plea.
Deferred Judgment
This is an option in some cases that can also ultimately lead to having a case dismissed. However, a defendant needs to plead guilty before seeking a deferred judgment.
The deferred judgment typically requires a defendant to participate in a designated number of hours of community service and pay any restitution due to the victim(s). Substance abuse treatment or other counseling may be required.
If a person successfully completes the terms of their deferred judgment, their charge can be dropped. The length of the deferred judgment typically depends on the severity of the charge (for example, whether it’s a misdemeanor or a low-level felony).
Plea deals
Whether a crime is a misdemeanor or felony (and the level of felony) can make a big difference in the options available to a defendant. It can also affect the severity of the consequences and the impact on the remainder of someone’s life – for example, in getting a job or somewhere to live.
First-time offenders can have a significant advantage (particularly with non-violent crimes) in working out a plea deal to get a charge reduced or even dismissed (if there are multiple charges for the same event). No one should ever try to make a plea deal with prosecutors on their own. Only legal professionals should do this on behalf of their client.
These are just a few potential options that can help first-time offenders minimize the consequences of a mistake. Before making a decision, it’s crucial to get experienced legal guidance.