Alternative Sentencing

Alternative sentencing is sometimes an option for criminal offenders. An alternative sentence will allow an individual to stay out of prison and in some cases can replace certain fees. In order to get an alternative sentence both the judge, prosecutor and defendant must agree to the terms and conditions. The judge or prosecutor will accept not just any alternative sentencing program.Some judges are more accepting of alternative sentences than others and some almost never seem to accept them. In order to get an alternative sentence one must generally have an attorney as the attorney will likely have a good relationship with the judge and prosecutor and present a good offer.

Alternative sentencing includes community-based programs, such as tree farming, road clean-up, community service, work release programs, and graffiti clean up, as well as drug and alcohol rehabilitation programs. Keep in mind that Alternative Sentencing is punishment and must fit the crime. Some alternative sentencing arraignments fit only for misdemeanors and others work for felonies. For example, to get into a drug rehabilitation program you may have to plead to a felony.

Alternative sentences can apply to individuals who fall within these parameters (just because you fall within these does not mean you will get alternative sentencing)

• Have not committed the ‘worst' crimes and no mandatory sentence

• Have not committed numerous crimes

• Have not committed a serious felony, with or without the use of a weapon

• Do not pose a risk to themselves or the community