S.T.E.P.

A short vacation gives me a chance to write about a topic that has been on my mind for the last couple of weeks.  I got a new client a few weeks ago.  He is 20 years old, a first time offender, and accused of a felony in Kings County.  I did his arraignment at around 11 pm one night about a month ago.  I was excited when I got his paperwork and it contained a big ink stamp stating STEP ELIGIBLE. 

STEP stands for Screening & Treatment Enhancement Part.  It is a courtroom for first time offenders accused of felony drug offenses.  It offers substance abuse treatment as an alternative to incarceration.  Because my young client was not accused of a drug crime, I did not think he would qualify, but sometimes someone whose drug or alcohol addiction contributed or caused their alleged criminal conduct, even if the crime was not drug related, can be eligible for the program.

First of all, the STEP program is important from a criminal justice standpoint.  Many non-violent drug offenders are poorly served by incarceration.  Incarceration for non-violent drug offenses crowds our jails, stigmatizes people with a criminal record making it harder to break the cycle of drug abuse, and does nothing to treat the underlying addiction.  The program not only offers drug counseling, but, in later stages, it offers skills and job training.  Thus, graduates, who are in the program for a minimum of a year, ideally come out clean and better prepared to contribute to society and earn a living.

Second, many of the plea bargains offered in STEP result in the complete dismissal of the charges against the defendant.  This is crucial for first time offenders as a criminal record is catastrophic to future employment opportunities.  Take my client, for example.  He is 20 years old, has 2 years college education and had a decent job.  New York does not expunge criminal records, so if he pleads guilty to a felony, it will be with him the rest of his life.  He can never recover from a mistake made when he was 20 years old.  Instead, through STEP, he pleaded guilty to a felony, with sentencing held in abeyance.  If he graduates from the STEP program, the charges against him will be dismissed and sealed.  This restores him to his pre-arrest condition so that he will never have to disclose it to future employers and will not be at risk of losing whatever certifications he has or wants.  The next year will be tough as the program has strict requirements and, for now, he has the felony on his record.  But it will be well worth it for the rest of his life as he can do what other criminal defendants can't do, truly put the incident behind him.

Finally, and most importantly, the vibe of the STEP courtroom is simply different.  Lawyers and defendants are treated with dignity.  There is the same Legal Aid lawyer every day, and all his clients walk in and give him a warm greeting.  When the judge comes into the courtroom he says hello to everyone and "reprimands" defendants and lawyers alike if our return greeting is not hearty enough.  He takes the time to talk to the clients, to scold them when necessary and praise them when appropriate.  When a participant graduates to the next level of the program, He leads the courtroom in a warm ovation.  She smiles, is patient (sometimes too patient for those of us with other cases to get to) and gives everyone the sense that just because they are criminal defendants, and just because they have problems with drugs and alcohol, does not mean that they don't deserve to be treating with dignity. 

Although the S.T.E.P. court is a unique initiative, other counties have similar programs.  Some counties have DTAP (Drug Treatment Alternative to Prison) programs and some, like New York County have specific drug courts.  Like S.T.E.P, New York County's drug court, Manhattan Treatment Court ("MTC"), offers treatment to first time felony drug offenders and can result in significantly reduced charges or the charged being dismissed altogether upon completion of the court-mandated treatment.

If you are arrested in New York for a non-violent felony and the crime involves alcohol or drugs, or was committed because of addiction to alcohol or drugs, speak to your lawyer about whether you might be eligible for an alternative to incarceration such as S.T.E.P or MTC.

Comments

[Cryin' for the Dyin']

I will give you this input...In countries where drugs...like marijuana are not made 'illegal' so that they can be made expensive...people do not lose years of life...behind a lie...They should have decriminlized  substance use years ago...It is cheaper and smarter to treat...One of the first human or even mammalian responses is denial...take a person who believes something...but is having a problem supporting their belief or habit...and oppress them...one gives them resolve...send them to prison they have a Phd in crime...or at least a master's...Every time something stupid in this area is done...organized crime and the liquor lobby whoop it up...This is one of those days where I have had it with exploitive nonsense...If you want to make things easier on disadvantaged...or smarter for stupid...or cheaper for government...More power to you...I know whereof I speak...I have nothing to do with government or law enforcement...except to investigate grass roots corruption...no pun intended...Oh, and lawyers and defendents?...One time I helped a friend Per Se...the lawers...after I won the case...came after me like a posse...One of them violated USC by threatening me...'after a civil case'...I just looked at him...and he trailed off on his statement about how he had been a judge 'Pro Tem' and if he was on the bench he would have...Try medical facilties...Unknowing ignorant...just mean people...it is very hard...I worked with James R. White, esq. for LEMAR in the 60's.   White was a colorful character.  I think you can find information on him...Calif. bar., S.F.  A lot of court appointed and pro bono stuff.  I can give you other good attorneys, of a different ilk.  They made a lot of money.  That is okay, if they win...Peace Tony

[JennyExiled]

[this is good] I'll admit, not being part of the judicial system, I don't know much about this. But I do think programs like this are so important. I hope your client can make the most of the opportunity he's been given!

[speedy]

I don't quite understood what you meant Jenny, sorry. I think they are important even though you don't think

[JennyExiled]

I only meant that while I don't know much about the specifics of such programs (not being a lawyer or part of the criminal justice system myself), I absolutely think they are important. I believe in giving first-time offenders a chance to redeem themselves.