Can You Avoid Jail Time for a Criminal Conviction?

Matt Matthews • June 29, 2022
Prison cell bars in foreground, long hallway with people blurred in background.

Can You Avoid Jail Time for a Criminal Conviction?

It may be more difficult for a defendant to get back on their feet after spending time in jail. Any amount of jail time can disrupt your life, as you might lose your job and have a more difficult time finding a new one due to having a criminal record.  



The appropriate penalty for a criminal conviction is not always imprisonment, especially when drugs or alcohol are involved. Through certain programs and help from a defense attorney, an individual might not have a one-time error lead to a lifetime of punishment. Treatment programs, diversion programs, and deferred prosecution are all alternatives to incarceration or a conviction, as well as seeking the dismissal of charges. 


Contact a Montgomery criminal defense lawyer for a case evaluation if you are facing criminal charges. We help our clients avoid jail time whenever possible.


Criminal Convictions and Jail Time Alternatives

In most cases, when an individual is accused of a crime, the prosecutor will attempt to secure a conviction for one or more charges. The offender might be sentenced to jail time, fines, and other penalties for this crime, which will appear on their criminal record. However, this approach might result in overly harsh consequences that can ruin your life.


Instead of a criminal conviction or jail time, there are alternatives. Montgomery County - and other counties in Alabama - have pre-trial diversion programs that some defendants can be accepted into. If the defendant meets all the conditions of the program and completes it, they can walk away without spending time in jail - or even a conviction on their record. 


A defendant has to be eligible for a diversion program before participating, and many first-time offenders charged with nonviolent offenses can be eligible. Some minor drug and alcohol-related offenses most commonly lead to pre-trial diversion eligibility. 


A defense lawyer can thoroughly explain the program to you, including the requirements for completing the program and the consequences of not completing it. We will then petition the court on your behalf for acceptance into the program.


If a defendant wants to participate in pre-trial diversion and is eligible, the court may require them to plead guilty to the crime, pay a fee or fine, and successfully complete the diversion program. The court may dismiss the case after the individual successfully completes the program, and a conviction will not be registered on their record. Failure to complete the program may result in immediate sentencing for the crime, which might include jail time. 


Avoiding Jail and Prison After a Conviction

Just because a crime has the potential for jail time does not mean you will have to serve time. Even if a person pleads guilty or is found guilty, the judge may have a lot of discretion in sentencing. Other options include: 


  • Restitution and fines, 
  • Monitors (ankle bracelets),
  • Confinement at home,
  • Probation,
  • Community supervision, or
  • Treatment for substance abuse.

 

Discuss Alternatives to Conviction with a Montgomery Criminal Defense Lawyer

Never wait to seek legal help if you are facing criminal charges. Contact the Law Office of Richard F. Matthews, Jr. today for an initial case consultation and find out more about potential alternatives to jail time. 


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. These recoveries and testimonials are not an indication of future results. Every case is different, and regardless of what friends, family, or other individuals may say about what a case is worth, each case must be evaluated on its own facts and circumstances as they apply to the law. The valuation of a case depends on the facts, the injuries, the jurisdiction, the venue, the witnesses, the parties, and the testimony, among other factors.

 

With offices located in downtown Montgomery, The Law Office of Richard F. Matthews, Jr., serves Montgomery County, Pike County, Elmore County, Autauga County, the River Region of Alabama and throughout the State of Alabama, including Montgomery, Troy, Wetumpka, Prattville, Selma and Tuskegee. No attorney-client relationship is established by requesting a consultation or emailing Attorney Richard F. Matthews, Jr.. Information submitted in such communication is not privileged and may be subject to disclosure. 

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