The First Time Offender Program (FOP) targets the first time non-violent misdemeanor offender and is a collaboration between the Oakland Prosecutor's Office, the District Court Bench and Pre-Trial Services of Oakland County.
Mission Statement:
To provide for the diverting of low risk, first time, non-violent offenders which offers an opportunity to avert full prosecution by promoting personal responsibility, restitution to the victims, and accountability to the public. To preserve public safety through a reduction in recidivism, while minimizing the use of judicial and prosecutorial resources.
Eligibility The focus for the FOP includes individuals charged with a non-violent misdemeanor under the Michigan Compiled Laws.
Participants will not be denied access to the program based upon race, ethnic background, religion, disability, marital status, sexual orientation, or economic status.
All potential participants must meet the following criteria to be considered for enrollment in the First Offender Program.
Misdemeanors cognizable by District Court
No prior criminal convictions
Must have reached their 21st birthday prior to the date of the original offense and not eligible for HYTA (MCL 762.11)
May not be eligible for any other suppressed status including MCL 333.7411 or MCLA 769.4a
May not have previously benefited from a diversion statute or program.
Cases involving cruelty to children, child abuse, drug charges, assault upon a police officer, domestic violence and cases under the motor vehicle code are not eligible for consideration.
Referral Process
Once a defendant is charged and appears at the Pre-trial Court date consideration for application may be made.
A referral form (file size 17k) is completed by the defendant and faxed to the FOP representative.
The defendant must follow by calling the FOP office to obtain an interview date.
Prior to the interview a social history form (file size 161k) must be completed and taken to the interview. Picture identification, verification of address and current pay stub or other means of support must also be brought to the interview.
Defendants will be required to sign a release of information, granting Pre-Trial Services access to any and all personal records, which might be relevant to their status. Information will be gathered in the following areas, but not limited to:
residence
employment or financial status
education
military history
substance abuse history
mental and physical health history
criminal record
references
Where applicable, victims will be contacted for input and impact statements. Victims will also be asked for itemized statements of any losses.
The Officer in Charge (OIC) will also be contacted for input or other relevant comments.
A report compiled by the Pre-Trial Investigator containing program eligibility, acceptance recommendation, and a detailed "supervision plan" will be forwarded to the Prosecutor's Office.
Program Acceptance/Denial
Acceptance into the FOP program is within discretion of the Prosecutor. Upon acceptance into the program, and upon agreement of the defendant to participate in the program, the following will occur:
Defendant waives the right to speedy trial.
A plea of guilty as charged is entered onto the record, but judgment of guilt withheld.
Duration of the program will be no more than one year.
Defendants will be directed to report to Pre-trial Services Office immediately following Court.
Completion/Dismissal The Pre-trial Investigator will submit to the Prosecutor progress reports and a final request for dismissal detailing the defendant's full completion of the program.
Upon successful completion of the program, the Prosecutor will present an order of dismissal to the Court.
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