Facing criminal charges for the first time can be overwhelming and frightening. For many first-time offenders, this is their first brush with the legal system — and they have no idea what to expect. If you’re in this situation in Arkansas, you’re likely filled with questions:
- Will I go to jail?
- Can a first-time offense be dismissed?
- Will this stay on my record forever?
- What are my options for defense?
At Bobby Digby Law, we’ve worked with countless Arkansans facing charges for the first time. Understanding your rights and what lies ahead is essential to protecting your future. Here’s what every first-time offender in Arkansas should know.
What Does It Mean to Be a First-Time Offender?
In Arkansas, a first-time offender typically refers to someone who has never been convicted of a criminal offense in the past. This can apply to both misdemeanors and felonies. Courts often consider first-time status as a mitigating factor, which means there may be more flexibility when it comes to sentencing, diversion programs, or expungement opportunities.
But being a first-time offender doesn’t mean the case isn’t serious. Even a single conviction can have long-term consequences on your job, housing, reputation, and civil rights.
Common Charges for First-Time Offenders
Some of the most common offenses for individuals with no prior record include:
- Possession of a controlled substance
- DWI (Driving While Intoxicated)
- Shoplifting or petty theft
- Simple assault or battery
- Public intoxication
- Minor in possession of alcohol
These charges vary in severity, but they all carry potential fines, jail time, and a lasting criminal record.
What Happens After You’re Charged?
For first-time offenders, the criminal process generally follows this path:
- Arrest or Citation: You may be arrested or issued a citation, depending on the charge.
- Arraignment: You’ll be brought before a judge to hear the charges and enter a plea.
- Pre-Trial Phase: Your attorney will negotiate with the prosecutor and evaluate any plea bargain offers.
- Trial (If Necessary): If no deal is reached, your case will go to trial.
- Sentencing: If convicted or if you plead guilty, sentencing will follow.
Are There Special Programs for First-Time Offenders in Arkansas?
Yes — and they could help you avoid jail or even keep your record clean.
1. Diversion Programs
These programs allow certain offenders to avoid a conviction by completing probation, community service, treatment, or counseling. Once completed, charges may be dropped.
Who qualifies?
- Non-violent offenders
- Drug or alcohol-related offenses
- Defendants willing to comply with program rules
2. Suspended Imposition of Sentence (SIS)
This is a type of probation that allows you to avoid a formal conviction if you successfully complete your sentence terms. An SIS does not show as a conviction on your public record unless you violate probation.
3. Pre-Adjudication Probation
Sometimes available for misdemeanor cases, this option allows the case to be paused while you fulfill probation terms. If successful, the charges may be dismissed entirely.
Will This Stay on My Record?
A conviction will appear on your criminal record unless it is expunged. The good news is that many first-time offenses can be expunged under Arkansas law, especially if:
- You completed a diversion program
- You received an SIS and complied with all terms
- The charge was dismissed or you were acquitted
We discuss expungement in more detail in our blog, Understanding Expungement in Arkansas: A Guide to Clearing Your Criminal Record.
Can a First-Time Offense Be Dismissed?
In some cases, yes. A strong legal defense may result in:
- A dismissal of charges
- Reduction to a lesser offense
- Enrollment in a diversion program
- Not-guilty verdict at trial
The outcome depends on the nature of the charges, available evidence, and your attorney’s ability to build a strong defense.
How a Criminal Defense Lawyer Can Help
First-time offenders often underestimate how damaging even a small criminal charge can be. A good attorney can:
- Negotiate for dismissal or reduction of charges
- Fight for admission into a diversion or SIS program
- Represent you in court and protect your rights
- Help you clean your record through expungement
At Bobby Digby Law, we focus exclusively on criminal defense. We understand how Arkansas courts treat first-time offenders — and we know how to advocate for second chances.
Key Takeaways
- Being a first-time offender in Arkansas does not guarantee leniency, but it can open the door to alternatives like diversion or probation.
- Avoiding a conviction is critical, as even a first offense can affect employment, housing, and education.
- Expungement may be an option once the case is resolved.
- An experienced criminal defense attorney is your best asset in navigating your options and protecting your future.
Let’s Protect Your Future
If you or someone you know has been charged with a crime for the first time, don’t wait to get legal help. At Bobby Digby Law, we’re dedicated to helping first-time offenders in Arkansas move forward with their lives.
Contact us today to schedule a free consultation and start building your defense.