Understandably, the fear of going to jail is a common concern for those facing criminal charges in New York. The potential consequences such as job loss, separation from family, and the stigma of incarceration can be overwhelming. Although a criminal defense attorney can’t guarantee with 100% certainty that you will not be required to serve any time behind bars, certain steps can be taken to minimize the risks. Please continue reading to learn how a skilled Rockland County Criminal Defense Attorney can help you navigate the complexities associated with the legal system and minimize the risk of incarceration.
What Factors Impact Sentencing?
When facing criminal charges in New York, it’s important to understand that the judge will take various factors into account to determine an appropriate sentence. Generally, the court will consider the following factors when determining how long to sentence someone convicted of a criminal offense:
- Prior criminal history
- Nature of the offense
- Victim impact
- Expression of remorse
- The potential for rehabilitation
- Aggravating factors
- Mitigating factors
- Federal and state guidelines
- Any other factors deemed relevant by the court
How Can a Criminal Defense Attorney Help Keep Me Out of Jail?
Depending on the circumstances and the evidence that the prosecution has compiled against you, your criminal defense attorney may be able to help you avoid jail. While there is no guarantee, working with an attorney can maximize your chances of achieving a favorable outcome.
A criminal defense attorney will review the details of your case and help you make an informed decision about whether or not going to trial is the best course of action. If they determine it would be beneficial to you, they can represent your interests. During your trial, they can raise legal arguments to suppress evidence if it was illegally obtained, which can potentially weaken the prosecution’s case. They can leverage their legal knowledge and experience to present your case persuasively to the judge and jury to achieve the best possible outcome for your situation. Fighting the charges against you in court may be the most effective way to avoid jail time if your attorney can secure a not-guilty verdict.
Another option your attorney can pursue to help keep you out of jail is to negotiate a plea bargain with the prosecution. This involves pleading guilty to a lesser charge in exchange for a reduced sentence or avoiding serving jail time altogether.
If your attorney can craft a well-structured defense it can significantly influence the judge’s decision regarding sentencing, potentially leading to alternatives to jail. An attorney can present mitigating factors that could lead to a more lenient sentence. They may propose diversion programs such as a rehabilitation center or community service so they can keep you out of jail.
At The Law Office of Carl Spector, we understand how scary facing jail time can be, which is why we will do everything in our power to help guide you through these tough times. Connect with our firm today to learn how we can fight for you.
