Accelerated Rehabilitation Program
For a free consultation with an experienced criminal defense attorney, please call the offices of Maya Murphy, P.C. today at (203) 221-3100 or Joseph C. Maya, Esq. at JMaya@Mayalaw.com.
Under Connecticut General Statutes, Section 54-56e, “there shall be a pretrial program for accelerated rehabilitation of persons accused of a crime or crimes or a motor vehicle violation or violations for which a sentence to a term of imprisonment may be imposed, which crimes or violations are not of a serious nature.” When an individual is charged with a crime in the State of Connecticut, the Defendant has some options that he or she should consider. The first option is pleading guilty, which more than likely would lead to a criminal record unless and until an individual applies for, and is granted a pardon.
In some instances, however, if the crime committed by the Defendant is not of a serious nature, the Defendant may be entitled to participate in a program called, “Accelerated Rehabilitation.” If a Defendant applies to, and is admitted to the Program by the Court, and fully satisfies any and all obligations and conditions placed upon him or her by the Court, the charges pending against the Defendant will be dismissed.
The first question that a criminal Defendant must ask is whether they are eligible for the Accelerated Rehabilitation Program. Under the guidelines of the Program, an individual is not “Program Eligible” if they are:
(1) [C]harged with a class A felony, a class B felony, except a violation of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, or a violation of section 14-227a, subdivision (2) of subsection (a) of section 53-21, section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-196e or 53a-196f; (2) to any person charged with a crime or motor vehicle violation who, as a result of the commission of such crime or motor vehicle violation, causes the death of another person; (3) to any person accused of a family violence crime as defined in section 46b-38a who, (A) is eligible for the pretrial family violence education program established under section 46b-38, or (B) has previously had the pretrial family violence education program invoked in such person’s behalf; (4) to any person charged with a violation of section 21a-267 or 21a-279 who (A) is eligible for the pretrial drug education program established under section 54-56i, or (B) has previously had the pretrial drug education program invoked in such person’s behalf; (5) unless good cause is shown, to any person charged with a class C felony; or (6) to any person charged with a violation of section 9-359 or 9-359a.
If the Defendant does not fall into one of the above categories, the Defendant may be considered, “Program Eligible,” and can apply for the Accelerated Rehabilitation Program at one of the Defendant’s scheduled Court dates.
At the first Court appearance after a Defendant’s arrest, it is customary to obtain a copy of the police report and all documentation to which a Defendant is entitled from the State’s Attorney, so that a proper determination of strategy can be made between the Defendant and defense counsel. If it is determined that the Accelerated Rehabilitation Program is the appropriate course of action to take for the Defendant, at the Defendant’s next Court appearance he or she will submit to the Court an application for the Program and the Defendant will be required to pay the associated application fee. The Defendant will also be required to answer specific questions posed by the Court regarding Program eligibility. A new Court date will be scheduled, and the Defendant will also be required to provide notice to any and all victims of the crimes charged.
At the next scheduled Court date, the Court will provide its decision as to whether the Defendant will be admitted into the Program. Also, any victim who has received notice and has appeared in Court on that date will have the ability to speak to the Court about the Defendant’s application to the Program. If the Court decides that the Program is appropriate for that Defendant, the Court will provide conditions that the Defendant must complete and/or follow for a specific amount of time in order to successfully complete the Program. Such conditions can include, but are in no way limited to, community service, psychological evaluation and/or therapy, and restitution for any out of pocket expense and damages for any of the victims of the crime(s) that the Defendant is charged with.
A final Court appearance will be scheduled by the Court at which time if Defendant has successfully completed all of the conditions set forth by the Court, the charges against Defendant will be dismissed.
Connecticut offers unique and helpful options for first time offenders who have been charged with certain crimes. If you have been arrested and charged with a crime, contact the experienced attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien
Source: C.G.S. § 54-56e