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


Community Service

Judges can sentence defendants to perform unpaid community work called "community service" to repay a debt to society for having committed the offense. The defendant may be required to perform community service in addition to receiving some other form of punishment, such as probation, a fine, or restitution.

Miscellaneous "Alternative Sentences"

There are many different types of "alternative sentences," which can include fairly innovative punishments. Offenders have been required to:

  • install breathalyzer devices in their cars so that their cars will not start unless the offender has "clean" breath
  • give lectures or teach classes about the dangers of criminal behavior
  • attend lectures given by crime victims
  • complete a drug or alcohol treatment program
  • do weekend jail time, or
  • stay at home under "house arrest."

Diversion

Some cases can be "diverted" out of the criminal justice system. Criminal charges are normally dropped when a defendant successfully completes a diversion program. Diversion gives defendants a chance to escape the stigma of a criminal conviction.

Defendants whose cases are diverted typically have to participate in a treatment or rehabilitation program. Diversion programs are most often available to defendants charged with misdemeanors and nonviolent felonies involving drugs or alcohol. In some jurisdictions, diversion may be available to defendants charged with domestic violence, child abuse or neglect, traffic-related offenses, or even writing bad checks.

Prosecutors sometimes voluntarily offer diversion to defendants who are clearly eligible under a community's guidelines. Defense counsel may also suggest diversion to prosecutors, sometimes even before formal charges are filed.

Copyright 2007 Nolo

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