Find the right defense attorney for free.

Sentencing

There's a lot that goes into a criminal sentence. Among the relevant players are legislators, judges, prosecutors, and probation officers. Below you'll find information about the various sentencing options, and what each involves. Plus, you'll learn how judges make sentencing decisions.

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.

See more articles

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.

See more articles

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.

Empower Yourself: DIY Products by Nolo

Sidestep the lawyers with do-it-yourself books, documents, and software.

The criminal justice system is complicated. Understand it and your rights.
Legal Research: Take the law into your own hands.

Nolo offers hundreds of consumer-friendly, do-it-yourself legal products for all types of legal situations. Browse our full product list.

More Legal Issues

Click below to view more legal issues. Our extensive collection of legal topics ranges across different areas of practice.

Learn About Our Team

Learn About Our Team

Our editors have over 100 years of combined experience practicing law. These professionals have worked in a wide range of legal areas, from estate planning to criminal law to business formation and beyond. They’re experts at explaining complicated legal issues in easy-to-understand terms.

Learn more about the team that manages Nolo’s articles, books, and DIY tools.

Need a Lawyer? We Can Help

Find an experienced, local attorney in three easy steps. Our process is designed for ease and simplicity.

01

Describe Your Case

Briefly tell us about your case, and provide your contact information.

02

Get Connected

We find and instantly list attorneys that can best handle your case.

03

Hire an Attorney

Choose the attorneys you would like to work with.

Integrity and Expertise You Can Rely On

DEFEND YOUR RIGHTS
Talk to a Defense attorney
We've helped 95 clients find attorneys today.

Do you have a pending charge?

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you