Understanding Maryland’s First-Time Offender Programs In Drug Crime Cases
For those charged with a drug-related crime for the first time, the experience can be daunting. You’re likely concerned that you’ll face prison time, have a criminal record, or have difficulty getting jobs in the future. Luckily, there are a few things that the State of Maryland offers that could benefit you if you’re convicted for the first time.
Knowing how the first-time offender program works can prove useful to those facing criminal charges in Maryland.
What are first-time offender programs?
The State of Maryland provides several alternatives for those facing criminal charges in some drug crimes, especially where possession (and not trafficking) is alleged.
The purpose of these alternatives is to provide a chance to eligible people to avoid being convicted because of their alleged misconduct.
The alternative that could apply to a case may vary from one person to the next, depending on the facts of the case and whether any of the following alternatives would apply:
- Probation before judgment (PBJ)
- Diversion
- Drug treatment
- Deferred prosecution agreement
- Community services
What is probation before judgment?
One of the most frequent dispositions imposed on first-time offenders is known as Probation Before Judgment (PBJ).
When someone receives a PBJ disposition, that individual either enters a guilty plea or is found guilty of their offense, but judgment is withheld, and the offender is placed on probation. As long as the offender fulfills all of the required probationary conditions successfully, a conviction for the crime does not result.
Examples of conditions of probation might include:
- Drug testing
- Therapy or treatment
- Community service
- Fines
- Stay out of trouble
A PBJ is particularly helpful because it minimizes the potential effects of having a drug offense appear on one’s record.
Diversion and treatment programs
A few Maryland courts also provide diversion programs for people who have problems related to drug and alcohol addiction. These programs usually emphasize treatment over punishment. This involves undergoing treatment programs, counseling, and complying with court oversight.
Successful completion of a diversion program will lead to a reduction in charges or even case dismissal in some cases.
Credibility before the court increases when a person seeks to get help with their problem.
Not everyone qualifies
While there may be some valuable options that could come from the first-time offender programs, it may not apply to all defendants. Ineligible cases include those involving:
- Charges of drug dealing
- Prior offenses
- Any violence associated with the arrest
- Prior criminal records
Moreover, discretion may also be given by prosecutors and judges in certain cases, which means that it may depend largely on the specific details of the case itself and how it was argued.
Talk to a Bel Air, MD, Drug Crimes Attorney Today
Schlaich & Thompson, Chartered, represent the interests of Bel Air, Maryland, residents who are facing drug charges. Call our Bel Air criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
