We discussed Mental Health Diversion and Addiction a lot lately. It’s a hot topic and something we come across frequently. Our firm focuses largely on Federal criminal cases, which often involve drugs. Whether the charge is possession, distribution, conspiracy, or another, our experience and expertise enable us to handle Federal drug cases efficiently.
One of the ways we attack a federal drug case by utilizing the Federal First Offender Act.
What is the Federal First Offender Act?
Under the Federal First Offender Act, a first-time offender who has been charged with a possession related offense may be eligible for a term of 1 year of special probation. Once completed, the charge is dismissed without a conviction being entered.
Qualifying Under the Federal First Offender Act
To qualify under the Act, the following must be met:
- First criminal offense
- The person charged has been found guilty of simple possession of a controlled substance
- The person found guilty has not been previously offered treatment under the Act or in state court
- A state statute exists that allows for deferment of criminal proceedings during treatment
The above list is not exhaustive. An individual may not qualify under the act if there are other charges or other factors.
Responsibilities of the Defendant
If granted special probation under the Federal First Offender Act, the defendant must comply with all terms of probation ordered by the court. Failing to do so can result in the court dismissing the proceedings under the Federal First Offender Act and resentencing the defendant to something that results in an actual conviction.
Expunging the Charges
If a defendant is under 21 and eligible for the Federal First Offender Act, the court can enter an expungement order for the individual. The record is then removed from all official records. If the court enters an order, our experienced criminal defense attorneys may also be able to remove the arrest from your record.
If you or a loved one has a case that might qualify under the Federal First Offender Act, contact our office today to schedule a no-cost consultation.
