February 15, 2012
/24-7PressRelease/ -- Alternative Criminal Sentences in California
In a discussion of criminal convictions, one of the first things that pops into many people's minds is that criminal convictions require jail time. However, a judge in California can issue a variety of alternative sentences after a conviction for a criminal offense. Some of the sentences are designed to help rehabilitate the defendant and may not show up on his or her criminal record. Judges look at the circumstances of surrounding the conviction to decide whether to use an alternative sentence, and attorneys often play a key role in presenting the defendant's position most persuasively to the judge to help convince the judge to use an alternative sentence.
Type of Alternative Sentences
A judge can impose a variety of sentences after a criminal conviction. Some may be in conjunction with jail time, and some are alternatives to jail. Examples of alternative sentences include:
-Suspended sentence: A judge can put off sentencing either by not imposing one, but reserving the right to do so in the future if needed; or deciding on a sentence but not executing the sentence. In most cases, the judge orders the defendant to meet certain conditions, such as completing a drug treatment program, before preventing the sentence.
-Probation: The defendant must meet certain conditions in order to remain out of jail, such as meeting with a probation officer, remaining law abiding or abstaining from drugs.
-Fine: The defendant pays money to the government as a deterrent to repeating the crime.
-Restitution: The defendant pays money to the victim of the crime to make up for any of the victim's losses.
-Community service: The defendant performs work that benefits the community, such as picking up litter on roadways or speaking to groups about the dangers of drinking and driving.
-Deferred adjudication/pretrial diversion program: The defendant can avoid prosecution by completing specified conditions -- typically drug or alcohol treatment.
Factors in Alternative Sentencing
When a judge considers how to sentence a defendant after a conviction, the judge will weigh whether the defendant is a candidate for some form of alternative sentence, or if jail time is the most appropriate punishment for the defendant. Some of the factors the judge will consider include:
-The defendant's age
-The type of crime
-The severity of the crime
-The defendant's criminal history
-The victims of the crime
-Whether the defendant showed remorse
Consult an Attorney
In some cases, a judge may be hesitant to issue an alternative sentence. In such cases, it is helpful for the defendant to have an experienced attorney advocating for him or her and presenting all of the reasons that an alternative sentence would be most beneficial in the situation. Attorneys familiar with alternative sentencing options can work to keep a conviction from showing up on a person's record in some instances.
If you are facing criminal charges, consult with a criminal defense attorney who can discuss your situation with you and advise you of your options.
Article provided by Law Offices of Arena & Schnitzer, APLC
Visit us at http://www.arenaschnitzer.com/
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