California Alternative Sentencing Options– FAQ’s
The following are just a few of the types of questions our attorneys at Wallin & Klarich are asked regarding alternative sentencing options in California. If you have a specific question, we strongly advise you to call us at (877) 4-NO-JAIL or (877) 466-5245 now. There is no charge for this initial consultation.
1. Can I get drug diversion for possessing drugs for the purpose of sale?
No. Drug diversion programs such as PC 1000 and Prop. 36 are available to defendants facing current charges of simple drug use and possession. While you may yet still receive probation for a sales-related drug conviction, you cannot be considered for drug diversion.
2. Can I do community service instead of paying a fine or going to jail?
The judge can decide to give you community service instead of a fine for most misdemeanor and some felony offenses. However, your eligibility for community service will depend on your current charges and your past criminal history. Keep in mind, you still must pay a fee to enroll in a county-approved community service volunteer program.
Additionally, you will have to make yourself available for the time commitment required to complete community-based volunteer work. Usually, weekend assignments are available to defendants who work full-time during the week.
3. Do I have to pay fees while on probation?
Probation is a privilege you may be eligible for, rather than having to serve time in custody. As such, you must agree to be responsible for any costs and fees associated with your supervision, including any treatment and counseling programs you are ordered to complete. However, you cannot be denied probation based on your ability to pay.
4. What happens if I violate my probation?
If you fail to comply with the terms of your probation, you will have to appear in court. You may face a probation revocation hearing. If the court finds you guilty of violating probation, you may have to serve some time in jail as a condition of having your probation reinstated. If the judge decides to terminate your probation, he or she may impose any sentence previously suspended, or impose the maximum sentence prescribed by law.
5. Do I get any reduction off my sentence while under house arrest?
No. House arrest, like probation, is an alternative to serving time in custody. You do not receive good conduct credit while on any form of home detention. If the judge sentences you to 120 days in jail, but you elect to do your sentence confined in your home under electronic monitoring, you must serve all 120 days. Additionally, your responsibility for the costs of your detention is determined by the judge. In making this decision, the judge has discretion to take certain factors into consideration, such as your ability to pay.
6. If I am sent to jail, is alternative sentencing still possible?
Most county jails offer some type of work-release program, which may also be known as a community work program. If you are serving a relatively short sentence for a misdemeanor and you do not have a current conviction for, or any prior record of a violent or sex-related crime, the Sheriff’s Department may give you the option to volunteer for an inmate work detail. If you accept, you would be released and able to go home at night while reporting to your supervised work assignment during the day.
Contact Wallin & Klarich Today
If you or someone you love is facing criminal charges, you should speak with an experienced criminal defense attorney at Wallin & Klarich today. We have been successful getting charges reduced or dismissed in many criminal cases. If you must plead guilty, we will explore any alternative sentencing options that may be available to you.
Our attorneys at Wallin & Klarich have over 40 years of experience dealing with judges, prosecutors and probation officers to help minimize the potential consequences of a criminal conviction. We may be able to negotiate for a solution that does not require you to serve any time in custody.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, our attorneys at Wallin & Klarich are available 24 hours a day, seven days a week to help you receive the best possible result in your case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
