ALTERNATIVES TO INCARCERATION
There exist programs to assist persons in resolving matters without a conviction or jail time. Many of these programs are for first time offenders or for first time offenders of a particular type of crime. Some of the programs available in Connecticut are as follows:
The Alcohol Education Program
The penalties for a conviction of a person as a first time offender for driving under the influence of alcohol or drugs or both are:
- A fine of not less than $500.00 or more than $1,000.00; and
- (i) Imprisonment of not more than six months, forty eight (48) hours of which may not be suspended or reduced in any manner; or (ii) imprisonment of not more than six months, with the execution suspended and a requirement that such person perform one hundred (100) hours of community service; and
- Suspension of one's driver's license or non-resident driving privilege for a period of one year.
The Alcohol Education Program is a means of avoiding a DUI conviction and being given the above penalties. The program consists of ten or fifteen classes (as determined by the court). Upon successful completion of the program, the DUI charge is dismissed by the court. In order to be eligible for the Alcohol Education Program, the offender must not have used the program in Connecticut or any other state, as well as not have committed certain specified crimes.
There is a cost for participation in the program.
The Family Violence Education Program
The Family Violence Education Program is a useful solution to avoid a conviction for a crime involving violence. Family Violence is defined as an incident of violence, physical harm, injury or assault, or a threat causing fear of imminent physical harm between spouses or former spouses, parents and their children, those who live together or have lived together as well as other related individuals. A person has to be accepted into the program and must complete a series of classes. Upon successful completion of the program, the court will dismiss the charges.
There is a small fee for participation in the program.
Youthful Offender
The Youthful Offender Program is available to persons charged with certain crimes who are sixteen or seventeen years of age and have not previously been convicted of a felony and have not used the Youthful Offender Program in the past or any similar program. A youthful offender may still face incarceration as punishment for his/her offense.
A Youthful Offender's case is heard in a courtroom closed to the public and the records of the case are also closed to the general public. Upon reaching twenty-one years of age, without a subsequent felony conviction, all references to the case are removed from all agency files.
Accelerated Rehabilitation
Accelerated Rehabilitation is available to persons charged with certain crimes and who have not used the program in the past, have not used the Youthful Offender Program in the past and have never been convicted of a crime or of certain motor vehicle offenses. Generally, only crimes that are classified as D felonies and less are suitable for Accelerated Rehabilitation.
One is required to swear to this in court, under oath, regarding one's past record. A penalty of perjury is imposed on those who are not truthful. The program usually consists of a period of six months to two years. One must first be found eligible for this program, then, a judge has to be convinced to allow you in the program. Upon successful completion of the program, which includes not having committed another crime while in the program, the result is a dismissal of the charges.
There is a small fee for participation in the program.
Community Service Labor Program
The Community Service Labor Program is for persons charged with certain crimes involving the possession of narcotics, marijuana and/or drug paraphernalia. One must have no prior convictions of drug related charges, and if allowed in the program, must perform fourteen days of Community Service and attend Drug Education classes. Successful completion of the program results in a dismissal of the original charge.
There is a small fee for participation in this program.
Drug Education Program
The Drug Education Program is similar to the Community Service Labor Program except one can have a previous drug related conviction but may not have used the Community Service Labor Program or the Drug Education Program in the past. This must be sworn to, under oath, in court, and holds the penalties of perjury if one is found not to be truthful. A judge has the discretion to allow or not allow a person into the program. The program consists of drug education classes and four days of community service. There is a larger fee for the Drug Education Program as compared to the Community Service Labor Program. Further drug treatment can be mandated by the agency providing the program. Successful completion of the program results in a dismissal of the original charges.
If you or someone you know in Hartford, Connecticut or the surrounding area needs the assistance of an experienced drunk driving criminal defense lawyer then contact attorney Robert Muchinsky for a free consultation with an experienced drunk driving criminal defense lawyer. Robert Muchinsky can be reached at 866-742-2993 or via the convenient contact form in the left column above.