What are the chances of getting jail time?
In most cases, there is a way for you to avoid serving jail time on felony and misdemeanor charges. An experienced, savvy attorney gives you your best odds of maintaining your freedom.
How we can help you avoid jail.
At LEWIS & DICKSTEIN, P.L.L.C., we get many calls every day from people facing felony or misdemeanor charges or a violation of probation and who are wondering, “what is the chance of getting jail time at sentencing?” If you asked, “what is the chance of a flipped coin coming up heads?”, the answer is fairly simple. A person’s chance of getting jail time is much more complicated.
Factors Used to Determine a Sentence
Generally, judges are required to consider the nature and circumstances of the offense, and the history and characteristics of the defendant. Judges are supposed to fashion a sentence that reflects the seriousness of the offense, promotes respect for the law, provides just punishment for the offense, affords adequate deterrence to criminal conduct, protects the public from further crimes of the defendant, and provide the defendant the opportunity to be rehabilitated.
The “chance of getting jail time” is different in every case because every case is different. As you may imagine, when you put all of the above factors together and consider that every defendant, victim, prosecutor, defense lawyer, and judge are different and unique, you begin to get a picture of just how complicated it is to determine a person’s chance of getting jail time. Even things like current events and politics can affect a sentence.
Guiding Principles for Judges at Sentencing
Some guiding principles are intended to help guide judges when fashioning an appropriate sentence. A thoughtful and fair sentence can be tough to determine. It has been recognized by Michigan Courts that sentencing involves a careful and thoughtful assessment of the true moral fiber of another (People v. Heller). The Supreme Court directs that sentencing judges determine a proper sentence while keeping an eye towards both societies’ need for protection and its interest in maximizing the offender’s rehabilitative potential (People v. McFarlin). The sentencing court should make every effort to individualize sentences to further the goal of rehabilitation (People v. Triplett). Courts are supposed to keep in mind that compassion is still an element of the law (People v. Monday).
Avoid Jail or Prison Time at Sentencing
How can you avoid jail or prison time? Because sentencing is so complicated, it takes a truly experienced and effective criminal defense attorney to give you the lowest chance of getting jail time. A great criminal defense attorney will plan for sentencing at the beginning of a case, even if the plan is to get the case dismissed or achieve an acquittal at trial. The best lawyers prepare for everything and can handle any situation. If you are worried about jail or prison time, you need the best possible criminal defense.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.