A Second Chance Through the PATH Program
LaMarche Safranko Law recently resolved a federal criminal case through the Northern District of New York’s PATH Program, resulting in an extraordinary outcome. Our client avoided both a criminal record and incarceration. This program, designed as an alternative to traditional prosecution and sentencing, offers select defendants an opportunity to rehabilitate and move forward, either without any jail time, and even a select few, without the lifelong consequences of a federal conviction.
Federal criminal defense is very different from its state counterpart. Any time you are arrested or under investigation for a federal offense, it’s critical that you immediately retain an experienced attorney. Federal charges are often the result of extensive investigations by federal agencies, and they carry much heavier potential penalties. Plea negotiations are not as flexible as in state court, and in many cases, defendants do not know their sentence until it is announced in court. While federal sentencing guidelines provide a range, judges have the authority to go above or below that range based on the circumstances of the case.
Programs like PATH are rare in the federal system. Created by the Northern District of New York, the Providing Alternatives that Help (PATH) Pretrial Diversion Program is a unique opportunity for certain defendants to demonstrate rehabilitation and accountability, often resulting in a resolution that avoids incarceration or a permanent criminal record. For eligible individuals, this path truly represents a second chance.
Introduction to the PATH Program
The Providing Alternatives That Help Pretrial Diversion Program (PATH) is designed to divert eligible candidates from the traditional justice system, offering a voluntary alternative with two distinct tracks. Track I allows participants to withdraw their guilty plea and have charges dismissed upon successful completion, while Track II offers a recommendation for a non-prison sentence.
PATH Program Structure
Participation in PATH requires entering a guilty plea, followed by intensive supervision and regular court appearances. The program lasts a minimum of 12 months and can extend up to 24 months. Participants must adhere to standard and special conditions, including substance abuse treatment and counseling.
PATH Appearances and Treatment
Quarterly appearances before the PATH Judicial Officer are mandatory, with progress reports required in advance. Treatment programs focus on addressing underlying causes of criminal activity, with information shared among the PATH Team. Participants must demonstrate at least four months of continuous sobriety to complete the program.
Confidentiality and Use of Statements
Participants are encouraged to be candid during PATH appearances, with certain protections on the use of their statements. However, the United States Attorneys’ Office may use information derived from these statements to obtain other evidence or during a potential future cross-examination. Therefore, it remains critical that you remain in close communication with your Attorney while participating in the program and if you have any questions or concerns.
Supervision Violations and Termination
Supervision violations are typically addressed during quarterly appearances, but expedited actions can be taken if necessary. Participants may be involuntarily terminated for non-compliance, leading to sentencing without the benefits of successful completion. Voluntary withdrawal from the program is also an option, with similar consequences.
Standard and Special Conditions
Participants must comply with various conditions, such as avoiding criminal activity, reporting to probation, and participating in mental health programs. They must also submit to substance testing and contribute to the cost of treatment services.