While enforcing State and Municipal law with the imposition of fines and incarceration in accordance with those laws when necessary, the Auburn Municipal Court attempts to balance the punitive effects of those sentences with numerous counseling and treatment programs. While the City Prosecutor initially makes the recommendation for acceptance into one of these programs, admittance is at the sole discretion of the presiding judge.
For certain first time domestic violence offenders, the Municipal Court offers a counseling program wherein the defendant may avoid a conviction by completing an appropriate counseling program, avoiding any further injurious conduct, and complying with certain other court-imposed conditions. This is typically requested on the defendant's first appearance date and is usually only granted with the victim's agreement.
Theft of Property
For most first time theft offenders, the Municipal Court allows them to avoid a theft conviction by completing an approved counseling program, paying any required court costs and restitution to the victim of the theft, and avoiding further illegal conduct. This program is typically done at the discretion of the presiding judge, with the victim's agreement, and usually entails the defendant being permanently banned from the victim's property. This program should be requested upon the defendant's initial appearance.
Education, Monitoring & Treatment (Diversion) Program
For first time offenders primarily charged with drug and/or alcohol charges, the Municipal Court has an Education, Monitoring & Treatment Program which offers defendants a second chance, upon completion of certain stringent counseling and community service requirements. Defendants must complete a minimum of twenty-four (24) hours of drug or alcohol counseling (unless otherwise ordered) and attend a minimum of four (4) AA or NA meetings. In addition, community service hours will be ordered based upon the number and severity of the charged offense(s). There is also an application fee required, which ranges from $375 to $775, depending on the nature of the offense.
Defendants accepted into this program will be registered in a state-wide database to insure that individuals only receive this treatment once. Admission into this program requires a background check and also requires that the defendant admit his culpability, i.e. enter a plea of Guilty. It is recommended that you seek legal advice concerning this program; if you cannot afford an attorney and qualify financially, one will be appointed. The parameters, application for admission into the program, and the program agreement can be viewed below.