Most motor vehicle violations carry minor penalties. In most cases, you’re looking at a fine and points getting taken from your driver’s license. You also face a short suspension of your driver’s license. While these types of penalties are inconvenient, they are not always serious. But, some motor vehicle violations carry a jail sentence as a potential punishment.
Accelerated Pretrial Rehabilitation Program
If charged with a motor vehicle violation that carries a jail sentence as a penalty, you might not go to jail. By hiring a lawyer, you can defend yourself against the charges you face. One way to do this is by applying for the accelerated pretrial rehabilitation program. To find out if this is an option for you, read on.
People accused of motor vehicle violations can apply to an accelerated pretrial rehabilitation program. This is the case if the violation in question carries a prison term. The pretrial rehabilitation program is useful for those accused of a first time offense. A judge is oftentimes willing to defer a jail sentence in favor of this program for first time offenders.
Eligibility
A few people can apply for the accelerated pretrial rehabilitation program for the defendant. The defendant can apply for him or herself. The State’s attorney or the prosecuting attorney can also apply for the defendant. If you want to fill out an application, there is an application fee of $35. A defendant is eligible if he or she:
- Has given the court reason to believe that he or she will not be a repeat offender.
- Hasn’t faced conviction of certain subsections before. A few examples of these are subsection (c) of section 14-215 and section 14-196. Other sections include subsection (a) of section 14-224, section 14-222a, and section 14-227a.
- Has not been a youthful offender in the past five years. If you were a youthful offender more than five years ago, you might be eligible. The court will access your juvenile records and determine the nature of your offenses. The court takes these into consideration when granting or denying entrance into the program.
- Can swear in court that he or she has not used an accelerated pretrial rehabilitation program. He or she has to prove this in court as well.
The court will contact any victims in your case. They will have the opportunity to give their opinions on the case. They can say if they believe access to the program should happen. Also, the opinions of victims in the case will likely impact a judge’s decision.
Ineligibility
Access to the accelerated pretrial rehabilitation program is not available for people who:
- Face a Class A or a Class B felony.
- Caused the death of another person during the event that led to their motor vehicle violation.
- Have faced a family violence crime charge.
- Meets the requirements for the pretrial family violence education program.
- Has had the pretrial family violence education program invoked on his or her behalf.
- Meets the requirements for the alcohol pretrial education program.
- Has had the alcohol pretrial education program invoked on his or her behalf.
- Faced a Class C felony (unless there is good cause about why he or she deserves to enter the program).
- Faced a violation of section 9-359 or 9-359a.
If you think you are eligible for this program and would like to apply for it, we can help! Contact our office to learn more!
