When you are confronted with the prospect of being found guilty or pleading guilty, the most obvious concerns about this conviction involve whether you are going to be incarcerated, how long the sentence will be and where you will be 'locked-up'.
While incarceration is the penalty people worry about the most, unfortunately it is only one of the direct consequences that can result from a conviction. The direct consequences include:
- Incarceration (in either a local county jail or in a State Prison)
- Probation (which requires you to report to a Probation Officer on a regular basis - as well as comply with a list of other conditions ranging from drug testing to maintaining employment)
- Fines (which can range into many thousands of dollars)
- Costs and Assessments (which together can add up into several thousands of dollars)
- Restitution (when the victim claims to have suffered a financial loss due to your actions)
- Community Service (requiring you to perform work at no pay for a group or organization approved by your probation officer)
- Loss of License (losing your driving privileges for a period of time that can range from several months to several years)
- A conviction record (a record of the original charge, the charge you were convicted of and the sentence imposed by the court)
When you are charged with a crime, the first discussion you should have with your lawyer is about how to defend yourself from the allegations in the criminal charges. The second issue you should discuss is what the possible sentence can be, and what your lawyer believes will be the likely sentence.
A criminal defense lawyer like those at Bailey & Orozco can assist you in understanding the likely sentence; and, more importantly, we can work with you to develop a basis for a sentencing judge to impose the minimum sentence. Sometimes, this will involve changing a jail sentence to a higher fine, or a longer period of probation. Sometimes, we cannot eliminate the jail sentence, but are able to reduce it from a State Prison sentence to a local jail sentence. To reduce the impact of a possible sentence, each of the sentencing alternatives that apply to your case need to be examined at the start of the representation, in order to develop as fully as possible all mitigating factors.
Admittedly, when your lawyer informs you that you are 'not going to jail' the relief will sometimes overwhelm your mind; however, as listed above, this is only one of the direct consequences of a conviction you need to discuss with your lawyer. Before accepting a plea deal, make certain you discuss all of the consequences, both direct and collateral, so you can make a fully informed decision whether the sentence is truly in your best interests. Before you start a trial, discuss all of these consequences and whether they can be mitigated if the jury were to return a guilty verdict. For a discussion of possible collateral consequences, please review our article on 'Sentencing - Collateral Consequences'.
