In the criminal justice system, the majority of defendants accused of crime would rather remain out of jail. Even though in certain cases incarceration seems to be the only alternative, alternative sentencing alternatives allow criminals to remain out of jail. These alternatives are meant to give a person a chance for rehabilitation and reintroduction into society but still serve their time. These alternatives may be difficult to access, and the person should familiarize himself with his alternatives and be submissive to legal experts, such as a Mississauga criminal lawyer, in reaching the most informed choice.
Information about Alternative Sentencing
Alternative sentencing is any form of punishment or treatment other than a jail or prison sentence. Alternatives include house arrest, community service, probation, or drug treatment when the crime is a drug offense, depending upon the crime and the criminal history of the offender. Alternative sentencing has previously been talked about as a way to reduce jail populations and give offenders a means of return into society as a productive citizen. Judges typically make the determination to grant alternative sentencing on the basis of the crime type, criminal history of the defendant, and recidivism potential.
Mostly, alternative sentencing is available to those who have committed a non-violent offense or are low-risk offenders. First-time offenders, for example, or defendants who are convicted of less serious crimes are eligible for alternative sentencing. Abusers can be sent to a rehabilitation program instead of jail time. Rehabilitation as opposed to punishment is the aim here, in order to lead people to the source of the problem which could have led them to the pipeline of criminality.
Discussing Probation as an Alternative
Probation is the most common jail sentencing practice. If the defendant is put on probation, he or she may remain at home in the community under conditions rather than a jail sentence. Some of these typical conditions include reporting to a probation officer, employment, attending counseling sessions, and not committing future crime. Breaking any of these conditions can cause the court to forfeit probation and send the defendant to jail.
Probation is usually reserved for defendants who have committed lesser crimes and who have also shown remorse for what they have done. If a defendant has shown that he wants to reform, probation is one way in which he can avoid going to jail but still be held accountable for his wrongdoing. A Mississauga criminal defense lawyer can counsel whether probation is an option on the specific facts of the case and can represent the client at sentencing.
House Arrest and Electronic Monitoring
House arrest is another option that excludes a defendant from being in jail, but confines them to home under tight supervision. Electronic monitoring is usually augmented by home incarceration, where the suspect is equipped with an ankle bracelet that tracks their activities and discourages them from leaving the walls of their house. House arrest is accessible to an individual who has perpetrated a lesser crime or caregiving obligation, i.e., the transportation of children or elderly parents to care for, which would make serving time in jail so disruptive as to be unacceptable.
House arrest is a custodial environment where the offender can reflect on what he or she did without the negative impact of jail. It is not, however, an automatic option. Judges will weigh many factors, including the seriousness of the offense, the defendant’s record of compliance with the law, and the risk of recidivism. A criminal defense attorney in Mississauga can assist with arguing for house arrest as a choice, all the legal standards having been satisfied and the defendant capable of succeeding.
Applying for Offender Treatment Programs
For those offenders who committed the offense because of drug addiction or mental illness, treatment programs for offenders are an appropriate alternative to prison. Rather than prison, defendants may be directed to drug treatment centers or counseling for mental illness. These treatment centers address the root of crime, i.e., drug addiction or unattended mental illness, and therefore, crime is averted in the future. In most cases, an alternative sentence program must incorporate a treatment program.
Treatment programs can be utilized to yield long-term dividends not only to the defendant in question but also to society as a whole. Treatment programs reduce recidivism by addressing the underlying causes of criminal behavior and render societies safer in the long term. Such types of offenders can be helped by a Mississauga criminal lawyer in gaining access to these programs by putting on record that rehabilitation is in society’s interest as well as the defendant’s.
The Lawyer’s Role
While there are quite a large number of options other than prison, these too are usually obtained by understanding the criminal system. The Mississauga defendant’s lawyer must appeal the case in the defendant’s favor and justify most reasonably that the defendant deserves an option other than prison time. Legal representation can make it easier to present good character witness testimony on behalf of the defendant, introduce evidence that the defendant will not offend again, and promote rehabilitation rather than jail time.
And a good lawyer will also walk individuals through the intricacies of the criminal justice system so that everything is done correctly. These interventions can include negotiations with prosecutors, legal lobbying within courts, and visits by probation officials or treatment program administrations. Convicted offenders maximize the potential of getting a suspended or otherwise deferred sentence suitable to use in the future and avoiding harm stemming from exposure to prison by their own attorney’s services.
