Can you avoid a jail sentence?

The most certain way to avoid a jail or prison sentence is to persuade the court to dismiss the charge, or to persuade a jury to find the defendant not guilty. An experienced California criminal defense lawyer can advise defendants whether their best option for avoiding jail is to fight the charge.

What happens if you get time served for probation violation?

Time served is a popular sentence when you are found guilty of a violation of probation and the original charge is a minor one. The common crimes that involve time served offers are petit theft, prostitution, possession of marijuana, driving on a suspended license and uttering charges.

What happens if you fail to appear at sentencing?

he/she will advise you that if you fail to appear at sentencing or your pre-sentence interview, he or she can sentence you, even in your absence, to the maximum allowed by law. You may be provided contact information for the probation department, community service, or other programs that you must attend as a condition of your sentence.

Are there times when a jail sentence is unavoidable?

There are times, unfortunately, when a jail sentence is unavoidable, either because of the seriousness of the charge or because of mandatory jail time. In all cases, our defense team works to reduce the amount of time spent in jail. We also work to help you know what to expect if you are sentenced to a jail term.

What happens when I go to jail to serve a sentence?

Yes, if you were given Huber release privileges, which means that you can be released from the jail to go to work, to go to treatment, to take care of children, or to search for a job. (We’ll refer to it generally as work release.)

Can a person go to jail for a probation violation?

If the party later violates probation, the judge can make him serve the two years in jail that went suspended. Now, assume during sentencing, that the judge does not suspend any jail term.

What happens if you violate the terms of a suspended sentence?

If a person serving a suspended sentence violates the terms of probation, the court can revoke the suspended sentence and require the defendant to serve the remainder of the sentence in jail or prison.

Can a probation officer give you a suspended sentence?

If the violation was minor – such as one missed therapy appointment or check-in with a probation officer – the prosecutor might agree to or the court might impose a short sentence, such as 30 days, and then reinstate the suspended sentence.

Can a person go to jail for a nonviolent crime?

That is why many people who commit non-violent crimes, such as petty theft or drug possession, may not serve time in jail. As an alternative to confinement, many people are given probation, which is a chance to show the court that jail is unnecessary because they can live their lives within the boundaries of the law.