There is no guarantee that you won’t go to jail after being convicted of a crime. Judges and juries typically decide probation vs. jail time based on the facts of the case and the strength of the available evidence. Despite there being no guarantee, there are ways to potentially improve your chances of receiving probation. Take some of the following actions:
Hire a Defense Attorney
A defense attorney who can walk you through various legal situations, like the difference between parole and probation and possible defense strategies, can sometimes be the best option for receiving parole.
A defense attorney can review the facts of your case, help you put together a strong defense, and advocate for you in court. They can also be of great value as you navigate an often-daunting legal system. A defense attorney can’t guarantee probation. Still, they may contribute to a successful outcome.
Negotiate with the Prosecution
Negotiating with the prosecution by yourself or with the help of a defense attorney may put you on the path to receiving probation. Negotiating involves reaching a plea bargain. This process consists of pleading guilty to the crime you committed to avoid a trial and potentially have your charges reduced. Those charges might be reduced from jail time to probation. Many conditions can be associated with the average plea bargain, causing a great deal of stress and anxiety. As a result, it’s often advisable to consult a defense attorney for help.
Present a Strong Case
Receiving probation instead of going to jail can sometimes be as straightforward as presenting a solid case. This is crucial if you wish to maintain your innocence rather than pleading guilty in a plea bargain. Presenting a solid case can involve providing evidence and information that supports your preference for probation. You generally have to be able to prove that you’re deserving of probation rather than a harsher penalty like prison time.
Be Involved in a Pre-Sentencing Investigation
The average criminal case isn’t always straightforward. People don’t always commit crimes for the same reason and in the same circumstances. As a result, you may be granted probation after being involved in a pre-sentencing investigation.
This involves an investigation after you enter a guilty plea to gather details about the nature of your crime, the circumstances, and your background. The provided information may help the judge choose the most appropriate outcome. In some cases, that can be probation.
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Attend the Sentencing Hearing
The sentencing hearing can be the ‘be all and end all’ regarding whether you’ll go to jail or receive probation. During this hearing, the judge will consider your lawyer’s arguments, the pre-sentencing report, and statements you or your lawyer want to make.
If you receive probation, the sentencing hearing will be when the judge tells you about the terms and conditions you must abide by. These can include avoiding more legal trouble, staying in school or employment, and attending counseling.
Navigating the legal system can be daunting when there’s a chance you’ll be sentenced to prison for your crimes. However, the actions above may improve your chances of receiving probation and staying out of prison.