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When Can You Seek Probation Instead of Jail or Prison Time?

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Posted By McAdams Law | August 30 2023 | Blog

Will you get probation or jail time? It is a question that every person convicted of a crime faces with an anxious heart. It is possible to obtain probation in many situations instead of incarceration. However, this is dependent on a number of factors.

Because there is so much on the line, avoid heading into a courtroom decision related to your sentencing without an attorney you can depend on to fight for your best outcome. Our criminal defense team at McAdams Law Office will aggressively defend you and provide you with the guidance you need to petition the court for the most lenient of terms.

What Are the Conditions for Probation?

Every situation is looked at carefully to determine what type of sentence is best suited for it in the eyes of the law. Typically, there are some conditions in which probation is granted, including:

  • There are no alcohol or drug charges involved
  • The sentence was suspended for any reason
  • There has been no additional criminal activity
  • Electronic monitoring is a viable option
  • No possession or ownership of any firearm exists
  • The individual reports to their assigned probation officer frequently
  • All supervision costs are paid

But Who Can Ask the Court For This Right?

You may be eligible for probation instead of prison. Typically, all people who are defendants in a case are eligible outside of a few specific reasons. The following are some examples of those who do not qualify:

  • The defendant has had two or more prior convictions that resulted from two separate events.
  • The conviction is classified as a Class 1 felony or a Class 2 petty offense

How Can You Get Probation Instead of Jail Time?

If your case falls in line with these expectations, it is not an automatic process. Instead, you need to work with the court to seek this type of support. To do that, it is best to have a skilled criminal defense attorney available who can direct you in navigating your rights. This includes not only handling paperwork but also providing you with guidance on your rights.

Your ability to obtain probation may rest in the attorney’s ability to show that you are not a risk to the public or that, in some way, you have already served punishment for the incident. When you hire a criminal defense attorney, he or she will head into a court of law to do this in a sentencing hearing.

Let Us Fight to Protect Your Rights and Your Future

Do you believe you should be given access to probation for the crimes you committed? Do you head into court without the legal support you need? That includes having an experienced and trusted criminal justice attorney available who can help you present your best case to the court.

We can do that for you. Contact McAdams Law Office now. Allow our team to provide a free consultation. We will be transparent and upfront about what you are facing. With over 20 years of experience, we are confident we can help you navigate this legal process.

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