Alternatives to Jail or Prison

Arizona Criminal Defense - Stay Out of Jail or Prison

One of the most serious concerns most criminal defendants have is going into custody.  In misdemeanor cases, this can mean some county jail time, while in felony cases, a sentence can include long prison terms.  Of course getting a case dismissed entirely, or winning at trial and earning an acquittal are the best possible outcomes.  But, this is not always possible in the age of surveillance cameras, social media, text messages, cell phone cameras, etc.  Even a person convicted of a crime can avoid incarceration a number of different ways.  An experienced criminal defense attorney can determine the possible ways to achieve this and work for you to avoid spending time behind bars.  Contact a Tucson criminal defense attorney for a Free Consultation.  520-585-5757.

Far and away, the most common jail alternative is probation.  Probation is an alternative sentence, where a defendant is placed on supervision for a set time, and given conditions to avoid going into jail or prison.  In misdemeanor cases, a person granted probation will likely go into jail only upon committing a violation of that probation (i.e. failure to complete terms of probation, or getting into new trouble).  In felony cases, probation is in lieu of prison time, and typically involves greater supervision as well.  Further, felony probation can sometimes include some county jail time as a condition.  Violating felony probation can result in jail time, prison time, extending probation, and additional conditions.

Home confinement is another popular alternative to jail or prison.  Improvements in technology have allowed for an expansion of "house arrest," "electronic monitoring," and "home confinement" in lieu of jail.  Most commonly, this will occur in felony probation cases, where a defendant will be able to do some of their jail time at home as a condition of probation. 

Substance abuse and mental health treatment are increasingly become options to take the place of jail time.  Our criminal justice system has slowly been coming around to the idea that incarceration does not treat illnesses and does not help with addiction.  Although increased programming and resources in jails and prisons aim to help reduce recidivism, keeping people out of custody in the first place, while providing the support they need to get better has proven more effective for many.

Diversion programs help defendants not only avoid jail or prison, but also avoid a criminal conviction.  This is ideal in that staying out of jail is but one concern; keeping a clean record is vital to moving on with one's life.  Discuss the possibility of a diversion program with your attorney to see if you might be able to do a program that is similar to probation, but ultimately provides better results.

To this point, this article has focused on dispositions that result in avoiding jail or prison as a sentence.  Of course, there is also the issue of pre-trial detention.  In the US, many people who have not yet been convicted of any crime remain behind bars while fighting their case.  Bail can be denied or can be very high in more serious cases.  Having an attorney who knows how to present mitigation and fight for lower bail (or an own recognizance release) can be the difference between being in custody while fighting your case or not.

In Federal criminal cases, both pretrial release from custody, and alternative sentencing (probation, electronic monitoring) can be available.  Due to harsh federal sentencing guidelines, avoiding custody time can be much more difficult in Federal cases.  Those charged with crimes in federal court require thorough and experienced defense to combat the charges, and if needed to seek leniency at sentencing.

Criminal cases have a lot of moving parts, and there are many factors that can impact the outcome.  Having an attorney on your side who knows the laws, procedures, and has experience handling your type of case is imperative.  If you or a loved one has been arrested or charged with a crime, contact the Tucson Defenders today for a FREE CONSULTATION.  520-585-5757.

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ARIZONA STATE CRIMINAL LAW LINKS:
Pima County Superior Court
Tucson City Court
Pima County Justice Court
Pima County Sheriff Inmate Locator
Tucson Police Department
Pima County Sheriff

FEDERAL CRIMINAL LAW LINKS:
US District Court - Arizona (Tucson)
BOP Inmate Locator
Drug Enforcement Administration ("DEA")
Bureau of Alcohol, Tobacco and Firearms ("ATF")
Customs and Border Patrol ("CBP") Tucson
Federal Bureau of Investigation ("FBI")