Sentencing Alternatives: Prison, Probation, Fines, and Community Service

Criminal sentences may involve one or more different elements, including incarceration (prison, jail), probation, restitution (victim compensation), and community service.

Why Judges Order Defendants to Jail or Prison

Many times, judges have the discretion to send convicted defendants to jail or prison, or to impose alternate punishments that don't involve incarceration.

Diversion Programs

Most states have recognized that low-level offenses, particularly those committed by first-time offenders, shouldn’t necessarily trigger the normal criminal-case process. They’ve acknowledged that offenders with minor crimes may not be best served going through the regular court process of a plea and sentence or, in the case of a not-guilty plea, a trial. Counseling, rather than punishment, can often help and deter such people.  (For information on a related topic, see  Substance Abuse Treatment for Defendants Facing Drug and Other Charges.)

First-Offender Programs

A "first offender" program is a way for a defendant to avoid the full effects of a criminal prosecution. It’s a type of diversion, often for those who have no previous criminal record, or at least no felony convictions.

Probation Basics

Probation is a figurative leash that the criminal justice system attaches to defendants in addition to or instead of other forms of punishment.

Probation Search Conditions

The Fourth Amendment typically prevents police from searching someone’s body, belongings, or home without a warrant or probable cause. But it’s common for judges, as a condition of sentencing someone to probation, to require that the probationer agree to warrantless searches. Because this condition

Typical Three Strikes Laws

Three strikes laws, also called habitual offender laws, increase prison sentences for so-called “career criminals,” repeat offenders who’ve been convicted of serious felonies.

What is a "serious" or "violent" felony?

Three strikes laws establish severe penalties for defendants with qualifying prior convictions, even those who aren’t charged with a third strike.

What Happens at Sentencing

In minor misdemeanor cases, judges frequently hand down sentences immediately after the defendant pleads guilty or no contest, or is found guilty after trial.

Your Presentence Report and How to Improve It

Especially in felony and more serious misdemeanor cases, judges typically rely on presentence reports, prepared by probation officers, in making sentencing decisions.

The Basics of Parole

Parole is conditional release from prison before the end of a sentence.

Can victims affect parole decisions?

In many states, victims or their surviving family members have a right to be notified that the prisoner who harmed them is eligible for parole and has an upcoming parole hearing. Victims and such family members can submit their views to the parole board either in writing or by making a personal appearance