When you face criminal allegations, and it is your first offense, you do not know what to expect. It is often a very stressful time. However, there are some advantages to not having a criminal history while navigating the criminal justice process.
Working with a Philadelphia criminal defense lawyer will allow you to take full advantage of being a first-time offender, including the possibility of a diversion program or lenient sentencing. You should contact a lawyer to represent you as soon as possible after your arrest or learn about the potential charges you could face.
Being a First Time Offender Could Help Your Criminal Defense
Prosecutors and judges are generally more lenient for first-time offenders than those who have committed similar crimes or have a lengthy history of legal concerns.
Even if convicted, you might receive a lighter sentence. This is common for first-time offenders. Judges recognize you do not have a history of bad behavior, and you might have made a mistake. Some first-time offenders might receive probation instead of jail time, for example. The Pennsylvania sentencing guidelines generally allow for more discretion with first-time offenders.
Under some circumstances, diversion programs may be an option for a first-time offender. These programs start before a conviction and allow the offender to complete the program to have the charges against them dropped. These diversion programs are designed to prevent mistakes from causing irreversible harm to your future. They could require:
- Counseling
- Community service
- Fines or restitution
- Educational programs
- Good behavior for the duration of the program
Those with first-time misdemeanor charges who are convicted and pay their fines are sometimes eligible for expunging—or clearing—their criminal record under the Clean Slate Act.
For a free legal consultation, call 215.515.3360
How Could It Affect a First-Time Offender Felony Case?
Felony charges are more serious than misdemeanors, and it may be more difficult to completely clear your name without a solid criminal defense. However, a first-time defendant in a felony case still benefits from the lack of a criminal record. Past offenses are considered in sentencing, by way of prior record score or criminal history score, and can even make it more difficult to win a not-guilty verdict in a jury trial.
If convicted, the judge could consider your lack of criminal history a mitigating factor. This could allow them to reduce the time you spend behind bars or opt for an alternative option to incarceration if that is within the statutory limits.
This could include community control, house arrest, or enrolling in a residential rehabilitation program. You could also have an opportunity to participate in an early release program or receive a pardon, which is much more common for first-time offenders.
A Defense Lawyer Can Use Your Lack of Criminal History When Building a Strong Defense Strategy
When you face charges as a first-time offender, it alters how your criminal defense attorney will approach your defense. There are strategic ways to make use of this as an advantage. Your lawyer will use all their knowledge about your case and experience with similar cases to develop a unique strategy to get a better outcome for you.
Some ways your attorney might use your first-time offender status when building your case include:
- Working toward a diversion program or a deal for a lesser offense or reduced sentence, which is common for first-time offenders
- Presenting strong character references to support your defense, showing the judge and jury that you are falsely accused or made a mistake
- Using your clean record to demonstrate that you live a positive life and contribute to your community
- Effectively arguing that you are innocent and committing this crime would be out of character since you have no prior criminal history
Your lack of criminal record could also play a critical role in criminal defense long before pre-trial motions and a jury trial. Sometimes, a criminal defense attorney can get charges dropped or stop them before they are filed. Your clean criminal record could support these efforts and make it easier to clear your name.
Your Criminal Defense Attorney Will Play a Key Role in Managing Your Case After a First Offense
While being a first-time offender will not hurt your case, how much it helps your defense will depend on many factors. The actual impact will depend greatly on the jurisdiction, the circumstances of the case, the offense in question, and your criminal defense attorney’s abilities.
You should work with an experienced, knowledgeable, and effective criminal defense attorney who regularly handles cases similar to yours. They will best understand the potential outcomes, best approaches, and most effective strategies for you.
From start to finish, your criminal defense lawyer will work to use any advantage available – including your first–time offender status – to win your case. When possible, they will pair this with other mitigating factors and substantial evidence to clear your name. The goal is always to get the best possible outcome for you based on the circumstances and evidence.
Having an attorney managing your case could allow you to:
- Walk away without facing charges
- Get the charges dropped
- Enter into and complete a diversionary program to avoid charges
- Negotiate lesser charges or a sentencing deal
- Avoid the worst penalties associated with the crime
- Clear your name with a not-guilty verdict at trial
Discuss Your Options With Our Pennsylvania Criminal Defense Team Today
If you learn about possible charges, face arrest, or are charged with a crime in Philadelphia or a nearby area, our criminal defense attorneys are here to help.
Call the Law Offices of M.J. Snyder, LLC, as soon as possible after your arrest, and let us evaluate your options for free. We can explain the process, discuss how we will help you, and discuss your next steps. We offer a free consultation for individuals and families in our service area.
Contact us today to get started.
