The Koger Building
Corner of 9th Street North & Gandy Blvd.
9721 Executive Center Drive North, Suite 120
St. Petersburg, FL 33702
Your Lack of a Criminal Record Could Present Unique Opportunities
First Time Offenders are typically dealing with one of the most stressful times of their life. After an arrest, these clients often tell us at their intial consultation that they are suffering anxiety, feel overwhelmed and fear what may yet lie ahead.
We recognize that you’re going through one of the most difficult times of your life. For that reason, our staff is dedicated to making you feel as comfortable as possible and giving you the personal attention that you deserve. Most importantly, we have the ideas, methods, and know-how that could result in a favorable solution to your current problem. We know how to make the best use of your First Time Offender Status.
Prompt Intervention with the Prosecutor
Simply because you have been arrested does not mean that the prosecutor has to file a formal charge against you. At times, early intervention by your lawyer in providing the prosecutor with your side of the story, or the names of your witnesses can be effective. This “pre-filing” effort could make a difference in the decision on whether to file a formal charge, file a lesser offense, or decline to prosecute you at all. Being a First Time Offender may put a positive slant on these efforts. Why not exploit the fact that you have never previously been involved in the criminal justice system?
Programs for Florida First Time Offenders:
Getting the Charge Dismissed Through Diversion / PTI
With little or no prior criminal record, you may be eligible to enter into a diversion program (Pre-Trial Intervention or Domestic Violence Intervention). These programs are typically available to clients accused of a first offense of a third degree felony or a misdemeanor. We can review the facts of your case and submit a written application to the State Attorney’s Office for your entry into the program. We have the experience and know-how to point to mitigating factors that may help justify your acceptance.
If you enter a diversion program, you will usually not be required to attend court. However, as a condition of the diversion program you will be required to complete certain agreed-upon requirements. You will, of course, promise not to be arrested for a new offense throughout the duration of the program. Upon successful completion of the program, your charges will be dismissed. As a result, you can thereafter honestly state that you were never convicted of a crime. Learn more about pre-trial intervention and diversion programs.
Drug Court: Avoiding Conviction
If you have been charged with a drug possession crime or an offense that is directly related to an addiction issue, the adult drug court may be a viable option for you. Drug court is a court-supervised treatment program for non-violent offenders. It is a result of a community partnership forged between the Sixth Judicial Circuit, the State Attorney’s Office, the Public Defender’s Office, the Pinellas County Sheriff’s Office, the Florida Department of Corrections, local law enforcement, community substance abuse providers, and concerned citizens. Adult drug court supervision can begin in two ways:
1. As part of a probation requirement; or
2. Through entry into a Pre-Trial Intervention (Diversion) Program.
If you successfully complete drug court as a condition of probation, you will receive a withhold of adjudication. A withhold of adjudication avoids a formal conviction. If you enter drug court through a Pre-Trial Intervention program, your charges will be dismissed upon successful completion of the program. By entering drug court, you can avoid both jail time and a formal conviction. Read our webpage on Pinellas County Drug Court.
Plea Bargaining: Playing the “First Time Offender” Card
During plea bargain negotiations with the prosecutor, we can emphasize your “clean” record and argue that you are therefore worthy of leniency. For example, a ‘Withholding of Adjudication” may be negotiated between the Prosecutor, your Attorney, and the Judge. This agreed upon final outcome may result in a sentence and/or probation, but not a conviction.
A well structured plea bargain can:
The “Rocket –Docket”
As a First Time Felony Offender you might qualify to have your case heard on Pinellas County’s “Rocket Docket.” This special court calendar is conducted only at specified intervals and focuses on deserving cases worthy of a quick resolution and a lenient final outcome. Your attorney can argue that your lack of a formal criminal record and mitigating facts justify a resolution that avoids harsh penalties and a formal conviction.
As a “First Time Offender” we’d like to see you restored to the position you occupied before you were arrested or charged. Clients who enjoy a withhold of adjudication or have their charges formally dismissed through their successful completion of a diversion program, may be eligible to have their records sealed or expunged. Florida law prohibits the sealing or expungement of any case where the individual is convicted of the offense. Therefore, getting the right outcome to the case is imperative to preserving your later right to seal or expunge all arrest records. Click for additional information on sealing or expunging your criminal record.
An experienced State Prosecutor is assigned to your case tasked with the professional objective to seek justice in conjunction with appropriate punishment. Many first time offenders wrongly assume that the prosecutor will agree to a reduction of the charge or request a lenient sentence from the court, only to be greatly suprised when the State seeks a conviction, probation, or even jail time. The perils of speaking on your own behalf in court are well illustrated by the old axiom that “a man who represents himself has a fool for a client.” Even skilled and experienced attorneys who find themselves accused of a crime will almost always decline to represent themselves. They recognize the true value of having an advocate who is more familiar with the local court system to defend their best interests.
Many first time offenders are under the mistaken impression that they can take advantage of the services of a “free lawyer” from the Public Defender’s Office. In reality, the services of the Public Defender are restricted to people who have an income that is below the poverty level. In addition, the services of the Public Defender are not “free.” Studies demonstrate that the outcomes in criminal cases handled by court-appointed attorneys can often be inferior to those secured by private counsel. Consider the advantages of a private attorney versus the public defender.
The results of your court hearing are something that you will be forced to reflect upon for the rest of your life. Even the decision on whether to plead “guilty” or “no contest” can have far reaching consequences. Appealing an undesired outcome or mistake caused by your inexperience or lack of specialized legal training can be an expensive and time consuming process. Likewise, the results of any appeal may be uncertain at best. For that reason, getting it right the first time is imperative.
Don’t rely solely on the advice of a family member or friend. Call us to schedule a free consultation. We are St. Petersburg / Clearwater criminal defense attorneys experienced in helping persons charged with a first time criminal offense. We invite you to meet with a lawyer so that we can learn what objectives are important to you. Together, we can tailor a strategy that is focused on achieving the best possible outcome according to your individual needs.
We can further investigate the facts of your case and ask some important questions: