Throughout Chester County PA, individuals are arrested frequently for their first, second, or third DUI. While in many cases for offenses such as these, individuals are looking at mandatory jail time as per Pennsylvania Law. However, in Chester County, individual's MAY limit the jail time significantly if they qualify and are accepted into the Restrictive Punishment Program (RPP). If accepted, an individual may serve a portion of their sentence on house arrest as opposed to serving their entire sentence at Chester County Prison. This is generally a more attractive option to a defendant because it allows them to continue working even while in the program. Having an experienced Chester County criminal defense attorney is essential in making sure you get the best outcome possible in your case.
(For more information regarding Chester County's House Arrest program please click here)
Generally, a person who would otherwise be sentenced to partial confinement under 42 Pa.C.S. § 9724 (relating to partial confinement) or total confinement under 42 Pa.C.S. § 9725 (relating to total confinement) in a county correctional facility.
The Restrictive Punishment Program focuses on DUI charged, non-violent, Level 3 & 4
offenders. Please see the chart below regarding sentencing and eligibility:
Any individual with a present or past pattern of violent behavior as defined by 42 Pa. Stat. and Cons. Stat.
Please see the Chart Below Regarding Ineligible Offenses
The Chester County RPP application is generally submitted after your open guilty plea before the Common Pleas Judge. During the open guilty plea, your Chester County criminal defense attorney will advise the Judge that you are entering an open guilty plea for purposes of RPP consideration. The judge will then review your guilty plea colloquy and the facts of the case. Once your guilty plea has been accepted, the Court will schedule a sentencing date. The RPP application must be submitted at least 30 days prior to the sentencing date to the Chester County Adult Probation office for their review. If your application is approved, Chester County’s Adult Probation office will inform the sentencing Judge.
At sentencing, you, through your Chester County Criminal defense attorney will explain to the Judge why you should be allowed into the program, Factors that can help the Judge determine your entry into the program include:
Past criminal record
Proof of Drug and/or Alcohol Treatment
Nature of the offense
Taking reasonability for your actions and apologizing to the Court for your actions related to your arrest
Informing the Court of the steps you have taken to better yourself and making it clear that you will not commit any further offenses in the future
It is important to note that the District Attorney MAY object to your entry into the program, If that is the case, it is paramount that you have a dedicated Chester County criminal defense attorney who has experience in making your case for admission before the sentencing Judge.
Please the application below: