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Avoiding Jail Time When Charged with a Misdemeanor

Posted By : Alisha Wood | Date : 08-26-2016

If you have been charged with a misdemeanor, depending on the severity of the crime, you could be facing up to a year of jail time. Spending time in jail can have consequences on your life ranging from social exclusion, difficulty finding work and having jail time on your criminal record to trauma you might experience during your jail sentence.

When it comes to avoiding jail time attached to a misdemeanor, it is important to have an attorney to back up your case and give you the best chance at a probationary sentence. The support of a lawyer can make all the difference in arguing your case and giving you the best chance at freedom.

Your Argument Against a Jail Sentence

Your best chance of avoiding jail time when you have been charged with a misdemeanor is proving that your crime does not frame you as a threat to the community. Considered in these arguments are the details of your case, your involvement in the crime, any victims involved and the injuries they may have sustained and your criminal history.

If your crime was a wobbler, meaning it could be tried as a misdemeanor or a felony, you may have a more difficult time arguing against your jail sentence or for your stability within your city.

Probation Sentencing

In order to truly avoid going or returning to jail, you will have to comply with probationary sentencing appropriate to your crime. Depending on the crime, you might face probation that includes:

  • Community service, ranging from physical labor like trash collection to roadside work
  • House arrest, including monitoring via an ankle bracelet or other electronic devices
  • Counseling, rehabilitation or other treatment programs
  • Victim restitution

All sentences also include fines added to a probation. If you do succeed in avoiding jail time, your probation will be given a time sentence, during which you will be required to comply with the requirements imposed by the judge.

If, during your probation, you violate any of the terms of your sentence, you will face harsher sentencing and probable jail time. It is important that you take the opportunity you have been given seriously and do your best to comply with your probation to continue to avoid time in jail.

Your Legal Advice

If we could give you any advice to help you win your freedom, it would be to avoid doing any of this alone. The legal process and justice system can be complicated and difficult to navigate, and one misstep can cost you time, money and your record.

Trust a team of professionals who can help you live without bars and chains. At the Law Offices of Alisha A. Wood, we help people fight against convictions to give them hope for a better future. If you or someone you love is seeking legal advice or is fighting to avoid jail time, call our offices today for the help of the most committed attorneys in San Diego: (619) 356-2249.

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