Los Angeles Criminal Defense Lawyer Blog

California recognizes that there are options to packing people into overcrowded state prisons. Not all crimes deserve a jail sentence and not all criminals deserve to go to jail. California has developed a number of alternative sentencing options to deliver appropriate punishment without jail time. The judge and prosecutor may consider an alternative sentence if:

• The defendant has not committed a serious crime and has not committed an offense that carries a mandatory sentence.


• The defendant has not committed numerous crimes.


• The defendant has not committed a serious felony and did not use a weapon.


• The defendant does not pose a risk to himself or the community.

Judges and prosecutors are not required to consider alternative sentencing, but a skilled and knowledgeable criminal defense attorney can often construct the right alternative sentencing strategy that will convince them not to send a convicted defendant to jail. Some possible alternative sentencing options include:

• House arrest, home detention or electronic monitoring limit the defendant's mobility. The defendant is fitted with an electronic device or ankle bracelet that monitors his whereabouts at all times. The defendant may be allowed to participate in certain approved activities, such as work, school and church. The court can order electronic monitoring or the defendant can apply with the help of a skilled criminal defense attorney.


• Work release or work furlough programs allow defendants to work at a designated work site during the day, usually to perform physical labor, returning either to their own home or to a specified dormitory at night. The length of work service is determined by the court but a skilled criminal defense attorney may be able to negotiate a shorter term.


• Drug courts under Proposition 36 offer drug users treatment instead of jail time. Not all drug offenders are eligible. An experienced criminal defense attorney can examine your case and tell you if you are eligible for Proposition 36 treatment instead of jail time.


• City jail or private jail allows the defendant to continue working during the week, checking into a private or city jail each weekend to serve his sentence. Participants check in on Friday afternoon and are released on Sunday afternoon. There are specific eligibility requirements for this program, and participants may be required to pay a fee for their weekend jail stays.


• Community Service requires participants to work for city organizations or to perform clean up duties.

If you have committed a crime, contact the skilled Los Angeles criminal defense attorneys at Stephen G. Rodriguez & Associates to see if you might qualify for alternative sentencing in California.

-Legal Pro