What can I do to Avoid Jail Time?

I am often asked “what can I do to avoid jail time” in Murfreesboro criminal cases. In short, there is no way to guarantee that you don’t go to jail; however, there are some positive things you can do to increase your chances of avoiding jail.

It’s important to note that lawyers can’t guarantee anything. Any lawyer who guarantees you anything is lying to you. In criminal defense, an attorney plays probabilities, and our job is to educate you on likely outcomes and work towards the best resolution possible.

Mandatory Jail Time. Jail is required in some cases. For example, if you plead guilty to a DUI offense, there is mandatory jail time: forty-eight hours for a first offense; forty-five days for a second offense; and it moves up from there. Similarly, multiple Domestic Assault convictions require minimum jail time.

When Jail Time is not Required. In most cases, there is no minimum jail time, which means that some or all of a sentence could be assigned to probation, not jail. A probation sentence is going to be within the range of punishment for the crime. Consult an attorney to discuss the possible ranges of punishment.

Warning: Probation isn’t “Just Probation.” But be careful with probation! Probation is a suspended sentence, which means that you are being sentenced to go to jail and you are being allowed to complete probation instead. If you fail to complete probation, you will be expected to serve every day of that sentence in jail! I often see people take several years of probation to avoid a few days in jail. Later, they violate probation and are on the hook for years of jail time, all because they thought “it’s just probation.” Be careful!

What You Can Do. In cases where jail time is not required, there are things you can do to move yourself in the right direction. In short, you want to work on rehabilitating yourself. If you are charged with drug possession, start attending drug classes. If you are charged with domestic assault, complete an anger management class.

These are just a few examples, but the summary of how to avoid jail time is to make yourself someone worth helping! Show the District Attorney that you are committed to rehabilitation and they may work out a resolution that will allow you to complete your rehabilitation without required jail time.

Of course, this is an over-simplified version of the court process. To know your options, consult with a local defense attorney about your case.

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