First Time Felony Defense Using a First Time Offender Waiver

When facing a first-time felony charge, considering alternatives to a prison sentence becomes essential. Our criminal defense lawyers at the Law Office of Erin Bradley McAleer focus their cases on the possible advantages of a first-time felony waiver.

Qualifying for a First-Time Felony Waiver: To be eligible for a First-Time Felony Waiver, individuals must meet specific criteria, including:

  • No prior felony convictions.
  • No participation in a felony deferred prosecution program
  • No conviction for certain specified felonies, such as class A felonies, manslaughter, indecent liberties, kidnapping, arson, assault, extortion, robbery, and certain drug-related offenses.

Potential Sentences with a First-Time Felony Waiver: If deemed eligible, a First-Time Felony Waiver offers the court flexibility in sentencing:

  • Confinement of up to 90 days in jail.
  • Community custody for up to 6 months or 12 months with ordered treatment.
  • Varied conditions within community custody, determined by the law and the judge’s discretion.

If you meet the requirements for a first-time felony waiver, the court may impose up to 90 days in confinement (prison). In addition, the court may order up to 6 months of community detention, similar to regular probation, or extend it to 12 months if particular treatment is required (such as drug, alcohol, or mental health therapy). The circumstances of community custody vary depending on legal restrictions and the judge’s discretion, which is impacted by arguments from both the prosecutor and your criminal defense attorney.

Community custody limits can be varied, ranging from community service to extended hours of involvement. Courts have presented a variety of possibilities, including cases where no jail time was imposed and instead community service was required, as well as lighter jail sentences combined with significant community service obligations. Notably, judges may choose not to apply the first-time felony waiver based on the defendant’s conduct.

At Erin Bradley McAleer’s Law Office, our skilled criminal defense team is aware of the intricacy of felonies. We carefully evaluate the particulars, taking into account long-term objectives including the vacating of a felony record as well as the potential for a First-Time Felony Waiver.

How We Can Help you?

Our firm has a variety of methods and defenses that we may use to argue for your particular case. Our representation extends beyond representation, with specialized methods and broad strategies that value our clients’ recovery goals. Our attorneys act as strong advocates for our clients, ensuring that their rights are respected. In difficult times, Erin Bradley McAleer’s Law Office provides unwavering support and strategic legal assistance. Your rights and future are our priorities. Call us today to speak to an attorney on how you can move forward on obtaining a first-time felony waiver at (360) 332-6277.