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

Traffic Violations

Traffic violations can be infractions, misdemeanors or in some cases felonies. A speeding ticket is an infraction in most cases. A D.U.I. is generally a misdemeanor and vehicular manslaughter is a felony. As you can see the penalty (infraction, misdemeanor or felony) increases with the severity of the crime.

In a traffic violation a person can plead guilty or request a trial just like a misdemeanor or felony. However, these are much more lax in the application of the rules given that at most the individual is looking at a monetary fine. The monetary fines are both criminal and civil in nature. The presiding judge or commissioner takes your guilty or not guilty plea and then determines what your civil penalties are. The amount you pay can range greatly.

If you failed to appear for a prior court appearance the penalty with be much higher than it would be if you had appeared on the prior court date. There are some alternatives as well, for example tree farming or other community service can help reduce the amount you are required to pay. Generally, you are given 30 days to pay the fine unless the amount is fairly large, at that point the judge may give you 90 days to pay the fine.

DMV hearing

In certain cases when an individual violates the law the DMV will hold a hearing to determine the individuals suitability to drive. This is not a criminal proceeding and requirements for due process are not the same. This is a civil procedure so the burden of proof is only a preponderance of the evidence (51% proof as opposed to beyond a reasonable doubt). This makes it much easier for the DMV to revoke or suspend an individual's license. Furthermore, when certain crimes are committed the individuals license is automatically revoked and the person must wait a year or more before they can get a license.

One must remember that a license is a privilege not a right and a privilege can be revoked, unlike a right which will always exist unless you waive it (e.g. Miranda rights). The DMV cannot permanently keep your license, however, they can suspend your license for a number of months to a few years depending on the alleged crime or the number of points one has on their record. The point system is designed to tell them DMV when you are an unsafe driver. For example speeding 20 miles over the speed limit might get you 2 points taken off your record; going through a red light might be one.

DMV hearings can be in person or over the phone. Given the recent centralization of the DMV services the number of hearings over the phone is constantly increasing. During these hearings you can produce your own evidence or witnesses. However, the rules of court do not apply and more often then not the issues being looked at by the hearing are limited in nature and may not go towards the underlying offense. In general the DMV will likely suspend your license for a period of time.