Sentences for a criminal conviction can take many forms, and a conviction doesn’t always mean a trip to jail or prison. Alternative sentences are sometimes offered and include different combinations of the following: a suspended sentence, probation, fines, restitution, community service and deferred adjudication/pretrial diversion.
As an alternative to imprisonment, a judge can issue a suspended sentence where he or she either refrains from handing down a sentence or decides on a sentence but refrains from carrying it out. Judges typically determine whether to impose alternative sentences based on the type and severity of the crime, the age of the defendant, the defendants criminal history, the effect of the crime on the victims, and the defendants remorse.
Suspended sentences can be unconditional or conditional. An unconditional suspended sentence simply suspends the sentence with no strings attached. If the suspended sentence is conditional, the judge can hold off from either imposing or executing the punishment so long as the defendant fulfills the condition of the suspension.
Common conditions can include enrolling in a substance abuse program and not committing any further crimes. If the conditions aren’t met, the judge can then either impose or execute a sentence.
Another alternative to prison is probation. Similar to a suspended sentence, probation releases a defendant back into the community, but he or she does not have the same level of freedom as a normal citizen. Courts typically grant probation for first-time or low-risk offenders. Statutes determine when probation is possible, but it is up to the sentencing judge to determine whether or not to actually grant probation.
Probation comes with conditions that restrict behavior, and if the probationer violates one of those conditions, the court may revoke or modify the probation. Courts have a great deal of discretion when imposing probation conditions.
Almost all of us have had to pay a fine once or twice, most often in the form of a speeding or parking ticket. People convicted of more serious crimes also have to pay fines in many situations, although the amount of the fine is usually much more substantial than a traffic ticket. Generally, fines are imposed to punish the offender, help compensate the state for the offense, and deter any future criminal acts.
Restitution is like a fine, but the payment made by the perpetrator of a crime goes to the victims of that crime instead of the court or municipality. Judges often order restitution be paid in cases where victims suffered some kind of financial setback as the result of a crime. The payment is designed to make the victims whole and restore them financially to the point they were at prior to the commission of the crime.
In some cases, a judge will order a criminal offender to perform work on behalf of the community, usually in exchange for a reduction of fines and/or incarceration. Court ordered community service can accompany some other form of alternative sentence with the intent that performing community service offers more benefit to society than being incarcerated. The community benefits from the work that the offender performs and avoids the cost of incarceration while the offender benefits from a lesser sentence and hopefully learns from his or her work experience.
Certain types of offenses and offenders may qualify for programs that result in having charges dismissed if the defendant completes specified conditions. Sometimes called deferred adjudication or diversion, these programs take the defendant out of the ordinary process of prosecution so he or she can complete certain conditions. Once he or she is done, either the prosecutor or the court dismisses the charges.
The goal of diversion programs is to allow a defendant time to demonstrate that they are capable of behaving responsibly, and they are typically used for drug offenses or first-time offenders. Normally, the conditions imposed include some form of counseling and/or probation, and require the defendant to stay out of trouble.
If you or a loved one is in a bind as a result of a criminal charge, immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you, and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties, and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer.