(813) 252-1529Alternative Sentencing for Florida Convictions
Fighting for the Alternative Sentencing of Florida Convictions
Florida’s justice system is overwhelmed. Prisons are overcrowded, but even more offenders live in their communities — under the supervision of a probation officer — than in state prisons. If you’re convicted of a crime in Florida, you’ll be sentenced — but probably not sent to prison.
When prisons are overcrowded, access to counseling and educational programs is limited. Prisoners don’t receive the skills and tools they need. Keeping prisons safe becomes difficult for prison authorities.
Moreover, the expense of keeping someone incarcerated can be staggering. As of 2018, Florida was housing more than 96,000 inmates in 144 facilities. Almost all of that expense is paid for by the taxpayers. Establishing and using alternatives to incarceration is a priority for state officials.
If you’re facing serious criminal charges in the Tampa area and you want to know more about your options to avoid jail or prison, contact defense lawyer Patrick Courtney. He can explain the legal process for asking for an alternative sentence and help you understand any other defense options you may have.
What Criminal Charges May Be Eligible for Alternative Sentencing?
Alternative sentencing options are commonly used for nonviolent offenses, such as drug crimes, especially if the drug involved was a lower controlled substance class or the defendant didn’t have any previous offenses. It’s also possible to ask for an alternative sentence for some DUI offenses.
A DUI conviction that resulted in the serious injury or death of another person, however, may not be eligible. Violent crimes or life felonies, such as armed burglary or sexual battery, also don’t qualify for alternative sentencing.
Working with a defense attorney from the very start of your case is key to ensuring you keep your options open. For example, an attorney may be able to get your charge reduced to an offense that does allow for alternative sentencing. Call today to talk to Patrick Courtney about your case.
What Is Probation?
Probation lets a convicted offender return to his or her community under a strict set of rules and strict supervision and avoid jail time. Probationers must hold a job, pay their fines, avoid known criminal acquaintances, and meet regularly with a probation officer.
Most probationers are also required to submit to random drug and alcohol testing and attend drug and alcohol treatment or counseling. Failure to adhere to the terms and conditions of probation can send the probationer to jail, prison, or community control (which is discussed below).
Probation is a privilege, not a right. When probation is ordered, the court is saying that it trusts the probationer to stay out of legal trouble and move forward in life constructively and positively. If you’re sentenced to probation for any reason, take advantage of the opportunity.
What Is Community Control?
Community control — or “house arrest” — is another alternative to a prison sentence offered by the Florida justice system, but it’s significantly stricter than probation.
Probation is usually for first-time offenders and those convicted of misdemeanors. Community control is generally a sentence imposed on repeat offenders and those convicted of felonies.
An offender in community control must have permission to leave his or her residence. A community control officer may set a schedule that allows the offender to leave home for work and other necessities.
It is rare, but some offenders, including sex offenders, are required to wear a monitoring bracelet (or “ankle bracelet”) in community control. This electronic monitoring device keeps authorities apprised of the offender’s whereabouts at all times. If the offender leaves his or her home without permission, the offender can be arrested and will probably be incarcerated for the remainder of his or her sentence.
Like probation, community control is a privilege. For some offenders, community control is followed by a period of conventional probation. Conversely, probationers who are found guilty of violating probation may be moved into community control.
What Other Programs Does Florida Offer for Convicted Offenders?
Most convicted offenders will eventually complete their sentences, so it’s important that they’re prepared to return to their communities. Florida conducts or sponsors a number of programs for convicted offenders, including:
- Drug and alcohol rehabilitation, treatment, and counseling
- Mental health treatment and counseling
- Anger management and behavioral classes
- Parenting classes
- Vocational rehabilitation and training
Most Florida counties also provide some type of “drug court” program that allows first offenders to avoid a conviction if they successfully complete a drug treatment and counseling program.
Finally, when appropriate, Florida courts impose fines and restitution as penalties, whether an offender has been sentenced to probation, community control, jail, or prison.
How Can a Tampa Criminal Defense Attorney Help Me?
If you are charged with a crime in the Tampa Bay area, whether it’s a felony or a misdemeanor, a Tampa criminal defense attorney can fight for justice on your behalf. In most cases, your attorney will seek to have the charge against you reduced or dismissed.
If that’s not possible, your attorney will probably recommend taking your case to trial and asking the jurors to return a not guilty verdict. However, if the evidence against you is overwhelming, and if a conviction is certain, your attorney may negotiate a plea agreement or “plea deal.”
You may be offered, for example, probation or community control — rather than prison — in return for a guilty plea. However, you shouldn’t accept any plea deal or sign any agreement unless your attorney recommends it as the best option available to you.
Contact a Tampa Defense Attorney for Alternative Sentencing of Florida Convictions
Tampa criminal defense attorney Patrick B. Courtney has been a lawyer for more than 24 years. He protects his clients’ rights and brings each case to its best possible conclusion. He’s been a prosecutor, so he knows what it takes to get on — or off — community control or probation.
Pat Courtney defends clients in Polk, Pinellas, Manatee, Hillsborough, Pasco, and Sarasota counties. Learn more by calling his law offices at (813) 252-1529 or by completing the online contact form.
