The First Offender Program (FOP) is a diversion program for accused persons who don't have a previous criminal record. Eligible participants can complete the terms of the program as an alternative to prosecution and their case will then be dismissed. In order to be qualified for FOP, the following must be true of you:
- You do not have any prior felony or misdemeanor convictions. Misdemeanor convictions that occurred more than ten years may not be counted upon the recommendation of the prosecutor.
- You do not have any other pending criminal, juvenile, or serious traffic charges.
- You are not on probation for another offense.
- You are not drug dependent or at high risk of becoming drug dependent.
- You will benefit from the program and its close supervision.
- You have not participated in any other diversion programs since the age of 18.
Exceptions to the FOP
There are some misdemeanor offenses that don't qualify for the first offender program. These include:
- Traffic offenses
- Vehicular manslaughter
- Certain drug offenses
- Sex offenses
- Violent offenses (except assault)
- Child endangerment
- Abortion offenses
Get Legal Counsel From My Firm
Talk to my firm, Christopher G. Thomarios, Esq. LLC, if you have questions about the eligibility of your offense. As a Cleveland criminal defense attorney, I can analyze your situation and find out if you can take advantage of the FOP. I will explain the other requirements for entry and plead your case to the prosecution.
I have nearly a decade of experience in criminal law and have successfully defended countless clients. In my years of practice, I have been able to get clients into the First Offender's Program or get their charges dropped altogether. Call my office or submit an online form to obtain a free initial consultation!
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