Sentencing

How judges determine the punishment for people convicted of crimes.

In every state, crimes are put into distinct categories. The categories are usually "felony," "misdemeanor," and "infraction."

A “wobbler” isn’t a misdemeanor, nor is it a felony. It’s both. It’s a crime that prosecutors can charge as and judges can sentence as either a misdemeanor or felony.  

Congress passed The Sentencing Reform Act of 1984 in response to concerns that federal judges' sentences tended to be too lenient and vary too much from one locale to another.

At a sentencing hearing, the judge will review the presentence report (prepared by the probation office) and hear arguments from both the prosecutor and the defense attorney—and sometimes, the victim.

Learn about the importance of presentence investigations and reports, why defendants need to prepare for presentence interviews, and how to improve a presentence report.

Prop 47 downgraded many theft and drug possession crimes from felonies to misdemeanors. With some exceptions, people with prior convictions for these crimes, no matter how old, are entitled to ask for resentencing as a misdemeanant.

Formal probationers report to probation officers, while informal probationers don’t.

Learn what happens when a probationer violates a condition or term of their probation sentence.

Convictions don't always lead to jail time. What sentencing alternatives are out there? And who's eligible for them?

Judges have many choices when it comes to sentencing a convicted defendant.

Restitution is designed to compensate crime victims for their losses. Learn about the kinds of expenses and people that restitution covers.

I've been offered "time served," which means I can go home right away. Any reason not to agree?

A "first offender" program is a way for some defendants to avoid the full effects of criminal prosecution. It's a type of diversion, often for those who have no previous criminal record.

Diversion and first-offender programs give defendants a way to avoid criminal convictions.

Parole is a prison inmate’s privilege of conditional freedom. The prisoner gets out from behind bars, but has to live up to a series of responsibilities.

A prisoner's parole eligibility date is getting closer. Does that approaching date mean that person will be released soon?

Parole is an early release from prison that's conditioned on abiding by parole conditions. Not following the rules can land a parolee back behind bars.

In the federal system, supervised release (sometimes also called special or mandatory parole) is a preliminary period of restricted freedom for recently released prisoners.