Legal Options For Non-Violent Drug Offenders
A drug offense can have serious repercussions, but the state of Pennsylvania understands that non-violent offenses may benefit more from intervention than punishment. If you’re a first-time offender facing non-violent drug possession charges, you’ll still face some legal consequences if convicted, but you have a few options for avoiding the more severe outcomes.
Section 17/Probation Without Verdict
One program is known both as Section 17 and as Probation Without Verdict. This is a great option for those who have no prior criminal history because the result, if you complete the program, is that the charges are dismissed. Essentially, the program is what the name says it is. You follow a specific set of requirements, akin to probation, without being actually convicted. Once you complete those requirements, as mentioned, you get a dismissal. It’s not available to anyone who has prior criminal records or who’s being charged with anything more serious than simple possession, but for first-time offenders charged with just simple possession, it helps keep their record clean.
Accelerated Rehabilitative Disposition
This is likely the most basic program available. It’s for first-time offenders and like PWV, offers pre-trial steps that allow you to have the charges dismissed. However, you have to complete the steps in a year. The steps can vary but typically include drug tests and community service, along with counseling. If your offense is deemed to be among the more minor, this could be an appropriate step for you. However, it’s imperative that you have a lawyer helping you to get in because the program won’t accept everyone.
Drug Court
What if you’re charged with possession with intent to distribute? You’re not eligible for Section 17 or ARD, but you can go to Pennsylvania’s Drug Court if the reason you were trying to sell drugs was to support your own drug habit. In other words, an addiction drove you to try to get money through selling drugs, to buy more drugs. Again, this program is not for people with prior offenses, and it is not easy to complete. But it’s a lot better than being convicted, facing fines and jail time, and having a permanent criminal record.
First, you have to be accepted into the program at the Drug Court, so be patient with any questioning, and consult with a lawyer beforehand to ensure you know what to expect. Once accepted, you’ll get a series of requirements, almost like you do in the PWV program, but in this case, you’ll have to take drug tests, meet with counselors, and go through a series of different steps all designed to help you leave drugs behind. As with PWD, once you successfully complete this, you’ll have your charges dismissed.
Of course, if you want to fight the charges instead, there are defenses you can use if you can prove them. Do not attempt to fight them on your own, however, as court can be very difficult to get through when you don’t have the legal knowledge yourself. If you didn’t know you had drugs on you (maybe someone planted them), if you think the search that found the drugs was done illegally, or if you have any other proof that could save you from conviction, you’ll want to speak with a lawyer.
Philadelphia criminal lawyers at Brennan Law Offices can help you determine whether fighting the charges or accepting a drug diversion program offer would be better. These are serious charges, so you need the best drug case lawyer around. The best criminal lawyers in Philadelphia want to see you get the best outcome possible, so call today to discuss your case.