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Not all defendants are facing lengthy incarceration and many are very unfamiliar with the kinds of programs they may be eligible for when facing criminal prosecution.  Drunk driving charges, misdemeanor offenses, child support violations are just a few of the kind of offenses that could still benefit from the advocacy of a sentencing consultant. We help defendants and their attorneys determine what diversion programs you may apply for and can help prepare for the interview process as well as write evaluations that can be submitted with your applications for such programs.  Examples of diversion programs are as follows:
  1. Pre-Trial Intervention-a court program that is designed for first time offenders to be diverted from conviction after a 12-18 month supervision process.  If successfully completed, all charges are dismissed and there is no record of conviction.  This greatly helps for those facing professional license suspension or revocation due to their arrest.
  2. Intensive Supervision: ISP-an actual “re-sentencing” process that places an inmate who has served a percentage of their sentence and is then eligible for intense community based monitoring to insure their compliance with the treatment plan designed by the courts.  This program is often available for white collar criminals who pose no threat to the community but have to serve a portion of their sentence.  The program assists only in early release-there is still a conviction record. 
  3. RDAP-Federal Bureau of Prisons Residential Drug Abuse Program-Acceptance into this treatment program while serving a sentence at the BOP is based on a drug and alcohol evaluation that meets the DSM IV TR requirements.  Positive Resources, LLC can provide such an evaluation and prepare a report to be submitted for the BOP review during classification process.  This program allows inmates to receive multi-level addiction and re-entry treatment as they serve their federal sentence. 
  4. Drug Court-Entrance into a drug court program can help addicted defendants obtain the help they need with the proper treatment and diversion from state prisons. This, by design is the best way of staying drug and therefore arrest free as well as avoiding a prison sentence. These programs are rigorous but can literally turn a defendant’s life around if they have the proper treatment plan and support in the community. While the courts often have a built in assessment process for this program, there are times a defendant is rejected from eligibility and Positive Resources, LLC can assist in the appeal as well as structure a treatment plan that may reflect our more thorough evaluation process than many court program counselors have the time to design.   
In addition to diversion program eligibility and appeals a consultant can assist a defendant and their lawyer by providing liaison work between the defense team or even work with the victim of a case to help mediate the adversarial qualities of the criminal justice process.   Defendants are often prohibited from approaching the victim of the crime but when a family member is the victim or there had been a long term relationship between the two parties this can cause further strife for both sides of the issue.  We have been successful with mediating this dynamic and at times helping restore those stressed relationships.  Ultimately this may help at the time of negotiating or sentencing for a defendant.
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