Criminal Sentencing FAQ

Questions:

• Who determines what punishment a convicted defendant receives?
• Where can the prescribed punishment for crimes be found?
• Do people convicted of the same or similar crimes receive similar sentences?
• What factors do judges use in determining sentences?
• Can my attorney ask for an alternative sentence?

Answer:

Can my attorney ask for an alternative sentence?

Yes, lesser sentences can include suspended sentences, probation, restitution (victim compensation), and community service. Diversion programs, available to some defendants charged with misdemeanors involving drugs or alcohol, also may be available. For details, see Sentencing Alternatives: Prison, Probation, Fines, and Community Service.