Bucks County Community Accountability Program (CAP)

The Bucks County Community Accountability Program (CAP) is a voluntary diversionary program at the magisterial district court level offering first-time offenders of minor criminal offenses an alternative to trial and a criminal record.

The CAP program brings together a panel of community volunteers, local officials, treatment professionals, and law enforcement to hold first-time offenders accountable while addressing the harm caused by their actions.

In this diversionary program, defendants appear before the panel who set specific obligations. If these are met, charges are dismissed, and the defendant avoids a criminal record.

Call 215-340-1134 to find out if you are eligible and get started now!

Benefits of the CAP Program:

The defendant benefits from guidance from members of own community.
The defendant has the opportunity to understand the impact of the crime on the victim and defendant’s own community. Empathy leads to reduction in likelihood of re-offense.
The defendant is held immediately accountable.
The defendant has the opportunity to avoid the negative consequences of a conviction including a reduced ability to gain lawful employment.
The panel has the opportunity to change lives by showing concern and interest in a member of the community who is at risk.
The process allows for assessment of risk and immediate intervention to address those risk factors while maintaining strengths.
Payment of restitution occurs quickly.
The court system’s costs are reduced because the case is not processed through the system.

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Eligibility & Acceptance into the Bucks County Community Accountability Program

Who is Eligible for the CAP Program?

Defendants charged with non-violent misdemeanors or non-traffic summary offenses are eligible for the Bucks County CAP Program if they have no prior criminal record and no open criminal cases.

Referrals are made by police to the district attorney’s office, which reviews the case details, including the victim’s perspective, to determine eligibility. To qualify, the defendant must have violated Pennsylvania law or a local ordinance (excluding traffic offenses) and must admit to the criminal conduct. Indigency does not affect eligibility, but if the defendant denies involvement or claims innocence, they are not eligible for the CAP program.

What is the CAP Program Acceptance Process?

If a first-time offender meets the eligibility requirements for the Bucks County Community Accountability Program (CAP), their case will be scheduled for a Status Hearing at the Magisterial District Court to assess their interest in participating.

Interested defendants will be referred to the district attorney’s office for a final eligibility determination. If accepted, the defendant’s case will be diverted to the panel. In addition, as a condition of acceptance, the defendant must sign a waiver of their right to a speedy trial under Rule 600 of the Pennsylvania Rules of Criminal Procedure.

What if a defendant does not want to participate in CAP?

The CAP Program is voluntary, and defendants have the option of not participating. If a defendant chooses not to participate, the district attorney will proceed with criminal prosecution. A conviction will result in fines, additional penalties, and a permanent criminal record for the defendant.

What Criminal Offenses are Eligible for the CAP Program?

Examples of some of the eligible criminal offenses include the following:

Criminal Mischief
Institutional Vandalism
Defiant Trespass
Simple Trespass
Theft
Retail Theft
Unauthorized Use of Automobiles and Other Vehicles
Bad Checks
False Identification to Law Enforcement
Unsworn Falsification to Authorities
Loitering and Prowling
Possession of a Controlled Substance
Possession of a Small Amount of Marijuana
Possession of Drug Paraphernalia
Harassment
Disorderly Conduct
Underage Drinking (if 18 years old but not yet 21)
DUI offenses are NOT eligible for the CAP program.

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Requirements of the CAP Program in Bucks County

What obligations will a defendant have in the CAP Program?

The Panel Hearing is a non-adversarial process focused on accountability and personal growth, not on determining guilt or innocence. The goal is to hear the defendant’s account of the incident, address the needs of the victim and community, and promote positive change through mentorship and development.

The Panel meets with each defendant to determine specific obligations, which may include:

Completing Community Service
Participating in Anger Management Classes
Participating in Effective Decision-Making Classes
Participating in Drug and Alcohol Counseling
Participating in Psychological Evaluations
Random Drug and Alcohol Testing
Writing an Apology Letter to the Victim
Paying Restitution
Paying all Court Costs

Defendants are given up to 90 days to complete these obligations.

During the Panel Hearing, the defendant agrees to a contract outlining their obligations, designed to foster accountability, understanding of the crime’s impact on the victim, and awareness of the broader community effects. The CAP process also ensures that a participant’s responses and court documents remain confidential.

Who are the CAP Panel Members?

The CAP Panel is composed of six volunteer members selected by a committee of local police, the District Attorney’s Office, and the Bucks County Courts.

All members are residents or businesspeople from the local community, but they cannot be elected officials or current police officers. In addition, all members must have a clean criminal history.

Panel members are required to serve for at least one year and must attend at least 75 percent of all Panel meetings.

Successful Completion of the Bucks County CAP Program

What happens once a participant completes the CAP Program?

Once the CAP participant has completed all the obligations pursuant to their contract, the charges filed against them will be withdrawn and expunged. Once their charges are expunged, anyone running a background check will never know the participant was ever charged with a crime.

Are there costs for the CAP Program?

There are fees and costs for CAP, but these fees and costs are minimal compared with the costs charged by the courts as a result of a criminal prosecution.

A defendant’s indigency will not bar acceptance into program.

If a participant successfully completes CAP and then incurs new criminal charges, are they eligible for other diversionary programs in Bucks County?

No. A Defendant’s participation in CAP precludes them from participating in other diversionary programs in the future, such as ARD or Section 17.

Failure to Complete the Bucks County CAP Program

What happens if a participant fails to fulfill their obligations with the CAP Panel?

If a CAP participant fails to complete their contractual requirements, they will receive a written notice of their violation of the contract and removal from the Panel. Furthermore, the Magisterial District Court will resume court proceedings for full criminal prosecution as if the diversion program never occurred.

What happens if a participant incurs additional criminal charges while in the program?

If the offender incurs additional criminal charges while under the jurisdiction of the Panel, the offender will be rejected from the Panel and his or her case will proceed through the Bucks County criminal justice system as if the diversion program never occurred.

Bucks County Recovery Court Program Attorney

Criminal defense attorney Keith J. Williams, Esq. has decades of experience defending clients against criminal charges and has a comprehensive understanding of the laws and procedures the Bucks County Community Accountability Program (CAP).

As an experienced attorney, Keith J. Williams can help determine if you are eligible for the Bucks County CAP Program, if the program is the right option for you, help you successfully apply for admission, and guide you through this difficult time.

For more information on the Bucks County CAP Program, call Keith J. Williams Law now at 215-340-1134!