Pathways to Redemption: Alternative Adjudication for Public Drunkenness in PA

A bright PhD scholar gets charged with public drunkenness. If this were you or anyone you knew, you might think this can’t be a serious offense. Well, in the state of Pennsylvania, this is a summary offense, and it goes into your criminal record. And as an academic with a bright future, a permanent mark on your criminal record is the last thing you need.

However, there are certain exceptions. There are no single statewide adjudication programs specific to public intoxication, but there are plenty of diversionary treatments and options. For first-time offenders or those with alcohol abuse issues, the courts might apply such measures if they are eligible. However, the eligibility also depends on a case-by-case basis. 

The best way to navigate this process? With the help of a Pittsburgh criminal lawyer, you can handle this summary offense in a way that doesn’t impact your future. Let’s take a closer look.

Alternative Adjudication Programs

In the court of law, your Pittsburgh criminal lawyer will negotiate with the prosecution to facilitate your participation in an alternative adjudication program. Once you complete the chosen program, the judge will declare your acquittal. Subsequently, your lawyer can apply for an expungement to completely clear this offense from your record. Here are some options for adjudication programs:

ARD

Accelerated Rehabilitative Disposition (ARD) is a pre-trial intervention program created for mostly non-violent, first-time misdemeanor offenders. Depending on the county, it is also a probable option for public intoxication charges. 

• ARD eligibility can vary–usually determined by the county District Attorney’s Office. It is often intended for people with minimal to no prior criminal record. 
• Participation usually involves being placed on probating and finishing specific requirements ordered by the court. This can include court costs and fines, community service, or alcohol counseling.
• If the ARD program is finished successfully, the criminal charges are dropped, and you can petition for record expungement.

Alcohol and Drug Treatment Courts

For repeat offenders, especially those whose public intoxication is part of a wider pattern of alcohol abuse, a treatment court might be an option. These specialized courts concentrate on supervision and rehabilitation over incarceration. 

• Counselors, a judge, and a Pittsburgh criminal lawyer work together to devise an individual treatment plan.
• These courts need active participation in the treatment, including regular court appearances and counseling for progress reviews.
• If the participant completes the program successfully, it usually leads to a reduced sentence and a clean path towards recovery. 

Local and County-Level Programs

Adjudication alternatives can vary across counties. Some county courts or municipalities might have their own distinct procedures for handling public intoxication cases, including:

• Mandatory alcohol counselling in certain instances. The judge might order an offender to complete a particular number of counseling sessions.
• Some counties might offer unique diversion programs. These might require various forms of education or community service as an alternative to a conviction or a fine. 

Things to Consider

Before you fight your public intoxication charge, there are certain important considerations:

• Hire a Pittsburgh criminal lawyer since eligibility for diversionary or alternative adjudication programs isn’t automatic. An experienced lawyer can be critical in negotiating terms, ensuring eligibility, and filing crucial applications.
• Public intoxication is a summary offense, and the county often manages diversion programs. Therefore, it’s important to consult the particular programs and rules of the county where the offense took place. 

If you find yourself in such a situation, or someone you know is charged with public intoxication, the proper legal help can be of the greatest assistance.

At Logue Law Group, our Pittsburgh criminal lawyers can ensure you get the help you need so you can apply for expungement later on. So, contact us at sean@seanloguelaw.com to know more.