Finding Alternatives In Your Sentencing
One of the greatest advantages of working with a compassionate, experienced and intelligent defense attorney is the lawyer’s knowledge of sentencing alternatives. You may not succeed at getting your case dismissed in the early stages, but you may still have a favorable outcome if your lawyer successfully negotiates a sentencing alternative that you can live with and a judge will accept.
At Law Office of Adrienne Dell, attorney Adrienne Dell helps clients pursue options in defending against criminal charges. Part of building that defense includes seeking alternative solutions in the sentencing process.
Alternatives To Jail Or Prison
The Law Office of Adrienne Dell in San Jose has helped many clients take advantage of creative solutions that have kept their records clear of criminal convictions and/or kept them out of jail or prison. Depending on many unique factors of your criminal case in or near San Jose, attorney Adrienne Dell may help you avoid more punitive outcomes by getting a prosecutor or judge to agree that you should resolve your case through:
- Drug abuse treatment
- Counseling or therapy
- Anger management education
- Community service
- Restitution (repayment of losses to whoever was affected by your alleged theft or other criminal offense)
When Incarceration Is Inevitable, It May Still Be Shortened
If you were convicted of a strike offense and might be negatively impacted by California’s Three Strikes law, there are many ways to reduce potential jail time. New laws taking effect in 2022 may offer hope. These new sentencing laws give the court more authority in sentencing defendants.
Frequently Asked Questions Surrounding Sentencing Alternatives
At the Law Office of Adrienne Dell, we know you may have many questions if you are facing criminal charges. We’re happy to provide the answers and insights you’re looking for. Below are 10 questions we get asked most frequently from our clients about alternative sentencing options.
What are sentencing alternatives in San Jose criminal cases?
Sentencing alternatives in San Jose provide an alternative to traditional incarceration, allowing individuals to address the underlying issues that led to their offense. These alternatives may include programs such as probation, community service, or house arrest, as well as treatment programs for substance abuse or other underlying issues.
For example, a person charged with a non-violent drug offense may be eligible for a diversion program, which would allow them to receive treatment and counseling instead of serving time in jail. By completing one of these programs, individuals can avoid having a criminal record and instead focus on rehabilitation and personal growth.
How do sentencing alternatives differ from traditional incarceration in San Jose, CA?
Can a criminal defense attorney help secure sentencing alternatives for a client?
Yes, an experienced defense attorney in San Jose can play a crucial role in advocating for and securing sentencing alternatives for clients. By presenting a strong case, negotiating with prosecutors, and demonstrating the client’s eligibility for alternative programs, an attorney can help individuals avoid traditional incarceration and receive a more rehabilitative and supportive sentence.
NOTE: Not everyone is eligible, but it pays to explore your options and to have experienced legal advocates on your side.
What factors influence eligibility for sentencing alternatives in California?
Eligibility for sentencing alternatives in San Jose is influenced by factors such as the nature of the offense, the severity/type of the offense, the defendant’s criminal history, their willingness to participate in rehabilitative programs, and the level of community support available to them.
For example, a person with a non-violent offense and a limited criminal history may be more likely to be eligible for a sentencing alternative than someone with a violent offense or an extensive criminal history.
Are there specialized courts in California offering sentencing alternatives?
Yes, San Jose has specialized courts that offer sentencing alternatives tailored to address specific underlying issues.
For example, the drug court program provides individuals struggling with addiction with access to treatment, counseling, and support groups, while the mental health court program provides individuals with mental health issues with access to treatment and support services. These courts recognize that individuals who commit crimes often have underlying issues that contribute to their behavior, and provide a more supportive and rehabilitative approach to justice.
Our team at the Law Office of Adrienne Dell will use our experience and insights to help you carefully consider all potential options in your case.
How can a criminal defense attorney navigate specialized courts for sentencing alternatives?
Can someone CHOOSE sentencing alternatives instead of jail time in California?
What are the benefits of exploring sentencing alternatives in California criminal cases?
Exploring sentencing alternatives in San Jose can have a range of benefits for individuals facing criminal charges. By participating in a sentencing alternative program, individuals can reduce their incarceration time, facilitate their rehabilitation, and address underlying issues such as addiction or mental health problems, while remaining connected to their community.
Additionally, sentencing alternatives can help individuals maintain their employment and housing, and avoid the long-term consequences of a criminal conviction.
How does probation work as a sentencing alternative in San Jose?
Probation is a sentencing alternative that allows individuals to serve their sentence in the community, rather than in jail. Under probation, individuals are required to comply with specific conditions, such as regular check-ins with a probation officer, adherence to a curfew, and avoidance of certain activities or substances.
How can a San Jose Criminal Defense Attorney help assess eligibility for sentencing alternatives?
A skilled criminal defense attorney can help assess eligibility for sentencing alternatives by reviewing the details of the case, evaluating the client’s criminal history, and assessing their willingness to participate in rehabilitative programs. The attorney can also advise clients on the best course of action, including whether to pursue a sentencing alternative and which program may be the most suitable.
We know this process can feel overwhelming, but we are here to help you every step of the way.
Let An Experienced Attorney Fight For You
Attorney Adrienne Dell makes it her job to stay up to date on all available sentencing alternatives or ways to keep sentences at a hopeful level. Discuss options in your case when a conviction seems inevitable. Call 408-217-2575 or send an email inquiry.