Federal First Offenders Act May Affect Your Criminal Case

St. Petersburg & Tampa Federal First Time Offender Act Attorney

The Morris Law Firm consistently works with first time offenders who often have questions about the criminal justice system and any regulations or case law that may benefit their specific case. The Morris Law Firm is authorized to work in Federal Court and also regularly fields questions related to federal criminal cases.

Many criminal clients charged under federal law have questions related to Title 18, specifically Part II, Chapter 229, Subchapter A, § 3607: Special probation and expungement procedures for drug possessors. This section of Title 18 is sometimes referred to as the Federal First Offender Act.

Title 18 of the United States Code is the criminal and penal code of the federal government of the United States, it deals with federal crimes and criminal procedure. Chapter 229, Subchapter A, § 3607 provides for deferred sentencing and the possibility of dismissal for drug offenders and also allows for expungement of such a crime in the right cases. In essence, the code specifies that in specific non-violent cases of drug possession, first time offenders may complete a period of probation, and then have the charge dismissed without a conviction being entered, the arrest and case itself may also be expunged. The result is that the first time offender can truthfully deny having been convicted of the underlying criminal offense.

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§ 3607. Special probation and expungement procedures for drug possessors

(a) Pre-judgment Probation.— If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)—

(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and

(2) has not previously been the subject of a disposition under this subsection;

the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section3565.

(b) Record of Disposition.— A nonpublic record of a disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall be retained by the Department of Justice solely for the purpose of use by the courts in determining in any subsequent proceeding whether a person qualifies for the disposition provided in subsection (a) or the expungement provided in subsection (c). A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose.

(c) Expungement of Record of Disposition.— If the case against a person found guilty of an offense under section 404 of the Controlled Substances Act (21 U.S.C. 844) is the subject of a disposition under subsection (a), and the person was less than twenty-one years old at the time of the offense, the court shall enter an expungement order upon the application of such person. The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings. A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose.

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You have a very narrow window of time between when you are arrested and when the US Attorney's Office and/or State Attorney's office makes a decision to file a criminal charge against you. Hiring an attorney immediately to negotiate on your behalf gives you the best chance of avoiding criminal charges.

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Morris Law Firm | Federal First Time Offender Act Attorney

The Morris Law Firm specializes in assisting first time offenders on a state and federal level, and focuses on seeking dismissals, reduction in charges, pre-trial diversion, and sealing and expungement of criminal charges which closely resemble the types of benefits the Federal First Offender Act seeks to provide.

If you have been arrested as a first time offender or have charges pending in state or federal court, contact an experienced criminal defense attorney before communicating and making statements to any law enforcement agencies, the State Attorney’s Office, or US Attorney’s Office.  Contact the Morris Law Firm at (727) 388-4736, or fill out our online form to be contacted for a Free Initial Consultation.

The Morris Law Firm is focused on defending first time offenders.  Melinda Morris, managing partner of the Morris Law Firm is a former State Prosecutor and experienced criminal defense attorney authorized to practice in Federal Court.  The Morris Law Firm will fight for your rights and defend your case seeking to minimize any negative impact on you.  The Morris Law Firm, St. Petersburg and Tampa Federal First Offender Act Attorney, can help and has specific knowledge and experience in first time offender criminal defense for clients throughout Pinellas County and the entire Tampa Bay, FL area (St. Petersburg, Tampa, Hillsborough, Pasco, Manatee, Sarasota, and Polk).