Criminal Defense for First Time Offenders

LOS ANGELES CRIMINAL DEFENSE AND DUI LAWYER

First time offenders typically get the best treatment in the criminal justice system.  From lighter sentences to greater sympathy from judges and prosecutors, having no criminal history is a major benefit when facing criminal charges.  First time offenders also have the strongest incentive to keep their records clean, and are more likely than repeat offenders to be successful on probation or diversion, and are less likely to re-offend.

NOTE:  There is a difference between an 18 year old first time offender and a 40 year old first time offender.  If someone is 40 and has not yet suffered any convictions, that is a more impressive, praiseworthy feat than staying out of trouble as a minor only.

ELIGIBILITY FOR DIVERSION
Deferred Entry of Judgement, Informal Diversion and Office Hearings with the prosecuting agency are often the best available outcome in a criminal case.  Some diversion programs allow a defendant to avoid a conviction, while others allow a defendant to avoid criminal charges altogether.  Sometimes this is associated with a brief period of probation and/or educational classes, but can usually be done without any jail time.  Community service and community labor may be required, depending on the severity of the offense.  Whether through the court or the prosecuting agency, getting your case settled through a diversion program, rather than having it end in a permanent conviction, it is most likely that prior convictions, or prior participation in a diversion program will preclude participation in diversion again.  In LA Superior Court, your Los Angeles Criminal Defense Attorney can make a big difference in whether you are able to take care of your case without a conviction through a diversion program.

PLEA BARGAINING FOR FIRST TIME OFFENDERS
Judges and prosecutors are more likely to give a break to first time offenders.  Whether through an offer for diversion, probation or for a better charge or better sentence, having a clean background will play a major role in working out a favorable disposition in your criminal case.

TRIAL FOR FIRST TIME OFFENDERS
In the event that a favorable plea bargain, or diversion program cannot be worked out, your case may need to proceed to trial.  Being a fist time offender has its benefits in trial as well.  First, there will be no way for the government to try to admit prior convictions to prejudice the jury.  You can freely testify without worrying that the jurors set to decide your fate will find out about a prior mistake you've made.  Additionally, in the event that you lose trial, being a first time offender will likely help at sentencing.

PROBATION FOR FIRST TIME OFFENDERS
Most misdemeanor convictions in California will result in probation, often with some jail time.  Typically three years, but as much as five years of summary ("court") probation is imposed at sentencing for most misdemeanors.  In misdemeanor cases, a defendant who has no prior convictions is likely to be sentenced to better terms and much more likely to be granted probation.  Probation can be denied in misdemeanor cases, but this is unlikely for first time offenders.  In felony cases, it is up to a court whether to even grant probation, or to send the defendant to state prison.  If probation is granted, the defendant will be on supervised, formal probation (with the LA County probation department), usually for three to five years.  In felony cases, getting a grant of probation is certainly preferable to prison.  Again, first time offenders are more likely to be granted probation than someone with a record in otherwise identical circumstances.  First time offenders can, however, go to prison if the offense is serious enough.  In the event that your charges do lead to a conviction, your criminal defense attorney can fight for you to get probation.

"WOBBLERS" FOR FIRST TIME OFFENDERS
In California, many crimes can be filed as either a misdemeanor or a felony.  These offenses are called "wobblers".  The charging prosecutor will decide whether to file the case as a misdemeanor or felony depending on (1) the severity of the offense, and (2) the defendant's criminal history.  For example, second degree PC 459 (burglary) can be charged as either a misdemeanor or felony.  If a first time offender is being charged, it is more likely to get a misdemeanor than if the same crime is committed by someone with a criminal record.

LIGHTER SENTENCING
Judges who are imposing a sentence, whether probation, jail or prison will consider a defendant's criminal history as a major determinant in sentencing.  If probation is granted, the amount of accompanying jail time or community service can be lower for first-time offenders.  If probation is denied, a first time offender has a better chance at getting the low term, than would someone who has a criminal record (ceteris paribus).

PRIOR JUVENILE OFFENSES
If the only criminal history you have is a juvenile offense, the prosecution and the court will know about it.  Depending on your age (at the time of the offense and now) and the facts surrounding the offense, your lawyer might be able to convince the judge and/or prosecutor to treat your case as a first time offender.

PRIOR EXPUNGED OFFENSES
The judge and prosecutor will still have access to a prior case that has been expunged or that had previously been resolved through a diversion program.  It is up to your attorney to effectively argue to the prosecutor and the judge that the expunged prior should not be used against you with regards to eligibility for a better sentence.

If you or someone you know is facing a criminal charge for the first time, contact the Law Offices of Nicholas Loncar for a free consultation.  Our office has an excellent track record of helping clients, including first time offenders, avoid jail time and avoid prison.  Los Angeles Criminal Defense Attorney Nicholas Loncar can help.

FREE CONSULTATIONS - CALL 213-375-3775

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

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