AVOIDING JAIL IN CONNECTICUT CRIMINAL COURT

Generally, you can only apply for this program if you are accused of misdemeanors or Class D felonies. If you are charged with a Class C felony, you must show good cause to use the program. If you used the program more than 10 years ago for a misdemeanor, or if you are a veteran who was not dishonorably discharged, you may use the program a second time. You can use the program even if you are charged with more than one crime. The victim in your case must be notified that you are applying for the program and has the right to let the court know his or her opinion about whether you should be given the program. To let you use the program, a judge must find that you are not likely to commit a crime in the future. The program can last from 6 months to 2 years. To successfully complete the program, you may be required to perform community service, undergo counseling, or pay restitution. If you do not complete the program's requirements, or if you are arrested while in the program, the program will be terminated and the case against you will continue. If you successfully complete the program, the charges will be dismissed and your record will remain clean.

You may apply for this program if you are charged with driving under the influence (DUI) of drugs or alcohol (drunk driving). You cannot use the program if you have been convicted of DUI in Connecticut or any other state, or if you have used the program during the last 10 years, or if you have a commercial driver's license. As part of the application, you will be interviewed and an evaluation will be made whether you should have 10 or 15 classes or undergo more intensive alcohol counseling. Classes are offered during the day or evening and in Spanish. You probably will be required to attend a one-time program put on by Mothers Against Drunk Driving (MADD). If there was an accident, you may be required to pay the other driver's out-of-pocket expenses. The program will be cancelled if you drive with a suspended license, or drive without an ignition interlock device if you are required to use one, or are arrested again for driving under the influence. If you successfully complete the program, the charges will be dismissed and your record will remain clean. Charges are usually dismissed one year after you enter the program.

You may apply for this program if your charges involve a victim who is your spouse or former spouse, someone you are dating or used to date, your child's other parent, someone you live with or used to live, or your child, parent, or other relative (domestic violence). You may not use the program if you have been convicted of a family violence crime, or you have used the program before, or you have used accelerated rehabilitation for a family violence crime. You cannot use the program if you are charged with a class A, B or C felony. You must show good cause to use the program for a class D felony or a crime that caused serious physical injury. If accepted you will be required to undergo counseling. If you successfully complete the program, the charges will be dismissed and your record will remain clean. Charges are usually dismissed one year after you enter the program.

If you do not have drug convictions on your record, you can use the Drug Education and Community Service Program to have the court dismiss charges of possession of illegal drugs or drug paraphernalia. You can use the program twice and even a third time if the court finds good cause. The program requires 15 drug education classes or at least 15 sessions of drug treatment. Additional drug treatment may be required. The program also requires 5 days of community service for a first use of the program, 15 days for a second use, and 30 days for a third use. If you successfully complete the program, the drug charges do not go on your record.

If you are accused of drug possession and cannot use another program to keep the charge off your record, you may be able to use a program, commonly called Community Service Labor Program, to avoid going to jail. The program requires that you plead guilty and do 30 days of community service as a condition of probation. To qualify for this program, you cannot have used the program before or have drug charges on your record. Although the guilty plea results in a criminal record, you will avoid imprisonment as long as you complete the community service and the other requirements of your probation.

You can use this program, often called Psychological Accelerated Rehabilitation, if a judge finds you have a mental or emotional condition which strongly interferes with your ability to control your behavior. This program can be used twice. You cannot use this program if you would not be able to use the Accelerated Rehabilitation program. You can use the program instead of the Family Violence Education Program if the court feels this program would be better for you. The victim in your case will be notified that you are applying for the program and will have the right to let the court know his or her opinion about whether you should be given the program. You will be evaluated and have to undergo counseling and whatever other treatment is deemed necessary. Upon successful completing the program, you can ask the court to dismiss the charges and keep your record clean.

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