Facing federal criminal charges is intimidating, and with good reason. The consequences of a conviction in federal court can lead to severe penalties, and federal prosecutors generally don't bring an indictment unless they believe they already have a solid case.
Despite the daunting prospect of facing federal charges in the Central District of California (CDCA), the Conviction and Sentence Alternatives (CASA) program shines as a unique opportunity. It offers eligible individuals a chance to address the root causes of their actions, avoid conviction, and potentially rebuild their lives constructively. This is not just a program, but a beacon of hope in a challenging situation.
Unlike other initiatives across the nation, the CASA program is a unique option exclusive to those navigating federal criminal cases in the CDCA. Understanding how the program operates and whether you qualify can make a significant difference as you chart a path forward.
The CASA program in the Central District of California is a post-guilty plea diversion program that offers alternative sanctions and rehabilitative resources to federal defendants. It focuses on addressing the underlying causes of criminal behavior, such as substance abuse, mental health issues, or lack of life skills, through intensive supervision and treatment.
Before beginning the CASA program, all admitted participants must initially plead guilty to a federal charge pursuant to a CASA program-specific plea agreement. Upon successful completion of the program, participants either have their charges dismissed or retain their conviction, but receive a sentence of only probation.
The CASA program is not a solitary journey. It operates through a collective partnership between the United States District Court, the United States Probation and Pretrial Services Office, the Federal Public Defender's Office, and the United States Attorney's Office. This ensures you have a team of experts supporting you throughout the program, making it a comprehensive and supportive experience. You are not alone in this journey.
What Is the CASA Program?
As noted above, the Conviction and Sentence Alternatives (CASA) program is a post-guilty plea diversion program for people charged federally in the Central District of California.
It's also for people whose criminal conduct was propelled by underlying causes that are amenable to modification through a period of intensive supervision or treatment through the program's rehabilitative resources, including issues of substance abuse and mental health disorders. The program offers a combination of a variety of resources, including:
- Education and training in structured and responsible decision-making,
- Drug and mental health treatment,
- Sanction alternatives, and
- Incentives to effectively address offender behavior, rehabilitation, and the safety of the community.
The CASA program, overseen by the United States District Court for the Central District of California, is a post-conviction diversionary program designed to offer eligible defendants an opportunity to address personal underlying issues that contributed to the crime for which they are charged.
The primary aim of the CASA program is not punitive, but rehabilitative. It seeks to reduce recidivism by helping participants commit to positive lifestyle changes. Instead of facing a traditional conviction or sentence, participants who complete the program may either have their charges dismissed or receive probation in lieu of prison time.
At this time, the CASA program is only available to defendants living within the jurisdiction of the Central District of California.
How the CASA Program Works
The CASA program is a post-conviction sentencing alternative, which means you must plead guilty in order to participate. The program itself is highly structured and requires participants to make a serious commitment to change.
Participants must work closely with federal probation officers, case managers, and treatment specialists while being regularly evaluated by a designated CASA team. Participants typically meet periodically with the CASA court to report on their progress.
These court sessions function as opportunities for accountability and encouragement. Depending on individual circumstances, the court may also require you to attend counseling or treatment programs for issues such as substance abuse, mental health challenges, or financial instability.
Throughout the program, you may be required to seek education, maintain employment, perform community service, and possibly make restitution to any victims of your offense. The costs and requirements of the program vary based on individual case factors.
The CASA program offers two distinct tracks, each with its own potential outcome. Under track 1, your charges will be dismissed upon completion of the program, and your conviction will be rescinded.
Under track 2, the conviction remains on your record, but you will complete your sentence under probation rather than being incarcerated. This clear explanation helps you understand the possible paths in the program, empowering you to make informed decisions.
Requirements of the CASA Program
Participants in the CASA program are subject to intensive pretrial supervision under conditions that require regular court appearances before CASA program representatives, at least two per month. Participation in programs is designed to address the causes of the participant's criminal conduct and support the participant's rehabilitation. Such programs can include the following:
- Substance abuse,
- Mental health treatment,
- Cognitive behavior therapy,
- Employment or education programs, and
- Community service.
Many participants also undergo regular random drug testing. The program requires a minimum of 12 months of participation, but depending on how efficiently a participant completes the requirements, it may be extended to two years.
Defendants who fail to complete the CASA program requirements successfully and are terminated from the program proceed to sentencing before their assigned CASA program judge on the federal charges to which they entered guilty pleas.
In cases in which restitution is owed to victims, a CASA participant will be expected to begin making restitution payments while in the program. When restitution remains owing after the successful completion of the program, the person will be ordered to continue to pay it.
Applicants must notify the AUSA prosecuting their case of their intent to apply to the CASA program within 60 days of the applicant's arraignment. The CASA program evaluation process requires at least 30 days. Applicants should apply early enough to allot themselves sufficient time to resolve their federal case or prepare for trial in the event they are denied admission into the CASA program.
Eligibility Requirements
Not everyone charged with a federal crime is eligible for the CASA program. Eligibility is determined on a case-by-case basis and depends on various factors, including the type of offense, the defendant's background, and their willingness to meet program requirements. Some general eligibility criteria include the following:
- First-time offenders or individuals with limited criminal records are often considered for the program.
- Charges related to non-violent offenses are more likely to qualify, though each case is reviewed individually.
- Defendants must demonstrate a legitimate willingness to engage in self-improvement and complete the rigorous program process.
- Ongoing substance abuse, mental health challenges, or other barriers must be actively addressed during the program.
- CASA program participants must reside in the Central District of California (CDCA).
An applicant charged in the CDCA, but residing outside of the district, seeking to move to the CDCA to participate in the CASA program must show that they have established ties or have previously lived in the CDCA to be considered for admission.
Successful participation in the CASA program often requires the support and attention of immediate family members and other pro-social support conducive to recovery and reintegration into the community.
Cases involving crimes of violence or certain serious federal offenses may disqualify a defendant outright, but exceptions may arise under certain circumstances. An experienced attorney can help you assess whether the program may apply to your case.
In appropriate cases, an applicant may be interviewed for the CASA program while in custody. If the CASA team, including a CASA judicial officer, determines that the applicant is appropriate for the CASA program, the USAO, USPPSO, and the defendant's counsel may coordinate to suggest bond and pretrial release conditions to be reviewed by a judicial officer.
How and When to Apply
If you wish to apply for CASA, you must inform federal prosecutors of your intention to apply for the program within 60 days of your initial arraignment. The application process itself takes about 30 days, and the courts have no obligation to delay a trial, so it's best to apply as soon as possible so you can avoid the trial process if you are accepted.
Each CDCA Division, including Central (Los Angeles), Southern (Santa Ana), and Eastern (Riverside), operates its own CASA program. Applicants should apply to the CASA program nearest to their residence. Residents of Los Angeles, Ventura, Santa Barbara, or San Luis Obispo Counties should apply to the Los Angeles CASA program.
Orange County residents should apply to the Santa Ana CASA program, and residents of Riverside and San Bernardino Counties should apply to the Riverside CASA program.
An applicant must be able to travel to the location of the district courthouse operating the CASA program to which they apply and to any treatment-based facilities they may be required to visit as part of the program. It is not possible to participate in the CASA program via Zoom or other video teleconference.
Applicants who are denied admission into the CASA program to which they apply may not apply to another Division's CASA program.
Acceptance into the CASA program is not automatic. Decisions are highly discretionary, and presenting a strong application supported by compelling arguments is key to acceptance. Details such as your personal history and criminal record play a major role in determining eligibility.
For your best chance of acceptance into the CASA program, you should get help from a federal criminal defense attorney with experience in the CDCA court system. A good attorney will know how to coordinate your application in a manner that improves your chances of acceptance. For more information, contact Eisner Gorin LLP, a federal criminal defense law firm in Los Angeles, California.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,