What Are Potential Non-Prison Sentences?

Not every conviction results in a prison sentence or jail time. For low-level and non-violent offenses, sentencing could involve probation, fines, restitution, and community service instead of confinement.

If you are facing criminal charges, you should talk to an experienced criminal defense lawyer. The cost of a lawyer will pay off for you if their legal advice can help you avoid jail.

Types of Sentencing

If you are found guilty of a crime (or, more likely, pled guilty as part of a plea bargain) you will be sentenced according to federal or state sentencing guidelines. How much time you are likely to serve will vary greatly and can depend on things like prior criminal history. However, the types of sentences you may receive can be placed into several broad categories:

• Fines or restitution: A fine is paid to the government or the courts, and is often given along with punishments like probation or prison time. Restitution involves paying the victim of the crime for their loss.
• Probation: This means you will not be imprisoned. However, you may still have various requirements to meet, like passing drug tests on a regular basis or performing community service. Violating probation is a crime. There may be some confinement options with probation, such as travel restrictions, house arrest, or living in a halfway house.
• Imprisonment followed by parole: You will serve time in prison but also serve part of your sentence in home confinement or have other conditions of your release from prison.
• Prison only: Your entire sentence will be carried out in prison.

Avoiding a Conviction Through a Diversion Program

Some alternatives to prison can happen before you are convicted of a crime. For example, in a diversion program, the government agrees to drop the charges against you if you successfully complete a drug treatment or anger management program. Diversion programs are more common for alcohol and drug-related offenses. If you successfully complete a diversion program you will not be considered guilty of whatever crime it was you were charged with, protecting you from the effects of having a conviction on your criminal record.

Some jurisdictions also have separate drug courts and mental health courts to address the role that addiction and mental health play in the criminal justice system. Alternative sentencing options in those courts are more focused on restorative justice and treatment programs.

Can I Get Probation?

Not every criminal conviction is eligible for probation. A misdemeanor will typically not be punished by imprisonment, especially for first-time offenders. Whether you can receive probation will depend on the type of crime, the jurisdiction you are in, and whether you have a plea deal with the prosecution.

Federal and state sentencing guidelines also determine whether probation is a possibility. Judges sometimes have the ability to deviate from sentencing guidelines if there is a good reason. You can ask your criminal defense lawyer about sentencing options and if probation may be a possibility.

What Does Probation Involve?

Probation and parole are terms that can be hard to distinguish. Probation is an alternative to prison time. Parole, on the other hand, involves a release from prison.

If you are sentenced to probation the court will be clear about the conditions you must meet. These conditions typically include meeting with your probation officer, taking drug or alcohol tests, and finding work. A probation officer will meet with you and monitor your compliance with the conditions. Sometimes courts will require electronic monitoring.

What Happens if I am Sentenced to Prison?

Prisons are typically for convicted offenders serving out their sentences. That is not necessarily the end of the story, however. Once in prison, you may be able to get your sentence reduced by exhibiting good behavior (provided you are not serving a life sentence). In federal prison, the Bureau of Prisons determines if you have exhibited good behavior. You can demonstrate good behavior by following all the rules, completing anger management or substance abuse courses, peacefully participating in approved activities, and otherwise getting along with guards and other prisoners.

Other Alternative Sentencing

On occasion, courts get creative with sentencing and identify suitable alternatives to incarceration. For some young adult offenders, for example, judges in certain states give offenders the option between prison time or joining the military.

Sometimes judges will set unique conditions in probation directly related to the crime. For example, when sentencing defendants accused of financial crimes such as fraud, judges have included as a condition of probation giving lectures to students about what the offender did and the consequences of their actions.

A Push for More Alternative Sentencing

Federal and state prisons are often overcrowded. Lawmakers have also been more reluctant to pass mandatory minimum sentence laws in recent years. That means defendants often have a better chance at alternative sentencing now than in previous decades. However, many crimes still require minimum prison sentences, and many crimes are not eligible for probation.

Because you most likely want to avoid prison, your criminal defense attorney will advocate for probation or other alternative sentences and can walk you through the best options in your case.