In New York City, there are no alternative programs available for someone who is arrested on DwI because the city is very strict in these types of cases. In the event you blow above a 0.14, you are generally expected to take a misdemeanor conviction.
This is why people will go to trial in many of these cases. Our knowledgable attorneys can help you understand the options you have in your DWI and DUI case.
Attending Rehabilitative Programs in New York Can Help Reduce Penalties
Those who attend Rehabilitative Programs generally have a better understanding of the repercussions of their actions.
What is Pretrial Diversion?
Pretrial diversion can be used as an alternative to traditional criminal sentencing.
Even if you have admitted guilt, the judge will not sentence you to jail time. Instead, you will participate in a program that has been tailored to your case. If you have been charged with drug possession, your program will include a detox, substance abuse counseling, and evaluation.
To ensure you are meeting all of the conditions of the program, you will have a probation officer assigned to you. Most often, you can attend the program while living in an outpatient sober home and hold a job. Most programs generally last between 12 and 24 months with an average of 18 months.
You will be released if you meet all of the requirements and successfully complete the program. From there, the case will be closed and you will not have a criminal conviction.
Diversion Eligibility Requirements in New York
When you are charged, you are charged with a Class B, C, D, or E felony drug offense (such as possession, manufacturing, sale, trafficking, etc.).
Diversion may be available to you for certain nonviolent offenses or Class B, C, D, and E felony drug offenses. However, if you have been convicted in the last 10 years of a violent crime or Class A crime you will not be eligible for diversion. You will also not be eligible if you are adjudicated as a persistent violent felony offender.
Features of Pretrial Diversion Prograrm | Eligibility Requirements |
Program Duration | Programs typically last between 12 and 24 months, with an average duration of 18 months |
Program Components | The program is tailored to the defendant’s particular case, and for drug possession cases, it may include evaluation, detox, and substance abuse counseling |
Defendant’s Status | The defendant has admitted guilt but will not be sentenced to jail. They will be released upon meeting all program requirements, and successful completion of the program will result in no criminal convictions. |
Eligible Offenses | Defendants charged with Class B, C, D, or E felony drug offenses (such as sale, possesion, manufacturing, trafficking, etc.) may be eligible. Certain nonviolent offenses may also qualify for diversion |
Ineligibility Criteria | Defendants who have been convicted of a violent or Class A crime in the last ten years or are adjudicated as a persistent violent felony offender will not be eligible for diversion |
What is the Felony Diversion Program in New York?
The Judicial Diversion Program (JDP), also known as the Felony Diversion Program in New York, is an initiative targeting people charged with non-violent felonies who struggle with substance abuse. Established under CPL Article 216, the JDP operates in the courtrooms of Suffolk County Court, among other jurisdictions.
The aim of the program is to provide an alternative path. By focusing on rehab versus punishment, the diversion program allows you to engage in a court-supervised drug or alcohol treatment program. This program is designed to not only help people overcome their addiction but also prevent future criminal activity often associated with substance abuse.
Upon your arraignment, if you are eligible, you will be presented with the option to opt into the Judicial Diversion Program. If you should choose this route, a Case Manager will collaborate with you to develop a personalized treatment plan. As part of the program, you are expected to make regular court appearances, during which a judge will oversee and review recovery progress.
The Judicial Diversion Program is a crucial step in understanding the underlying issues that contribute to substance abuse and criminal behavior by emphasizing treatment over punishment.
With judicial oversight and the work of Case Managers, the programs endeavor is to help people achieve sobriety and reduce recidivism rates.
A Knowledgable NYC Attorney Can Help You
The consequences of a DWI and DUI can be permanent. It is advised that you seek the knowledge of a skilled attorney who can help you navigate the complexities of New York’s strict DWI laws.
Defend Your Rights Today
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.
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