Of the many consequences that can follow criminal charges, spending time in custody is the most feared and rightfully so…
Being in jail can completely destroy people’s lives, leading to lost wages, loss of employment, loss of license, loss of child custody, deportation, and much more.
Protecting your rights and interests in criminal proceedings are of the utmost importance. If you have been arrested or charged with a crime in the North Bay of California, you can count on those crimes being aggressively prosecuted in court.
If a conviction cannot be avoided, there are numerous custody and incarceration alternatives that can reduce the adverse and negative consequences.
North Bay Criminal Defense Attorney Michael A. Fiumara and his skilled legal team of attorneys and paralegals are well-versed in the various defenses, motions, trial tactics, negotiating techniques and custody alternatives to avoid jail.
AVOIDING A CONVICTION
The best way to ensure that you do not do time in custody is to avoid a criminal conviction. A conviction of an infraction offense is punishable only by a fine, while misdemeanor and felony offenses are punishable by jail or prison time.
It follows that if you are not convicted (by plea or by being proven guilty at trial), that you cannot be sentenced to serve any jail time. There is still the issue of pre-trial detention, where many people are kept in custody while fighting their cases. This is counter to the presumption of innocence, but unfortunately it continues to be commonplace in California criminal cases.
Defendants who have not been proven guilty of a crime are often kept in custody until such time as (1) a judge grants an own recognizance (“O.R.”) release, (2) the case is dismissed, (3) the person is acquitted, or (4) the person posts bail to remain out of custody. WE also advocate for Supervised (“O.R.”) release if the judge is unwilling to grant regular (“O.R.”).
Oftentimes the Judge will allow the defendant to remain out of custody if they are being monitored by a continuous alcohol monitoring device (bracelet or ankle monitor) or CAM. WE push the envelope for our clients since we know firsthand how devastating jail can be for the accused awaiting trial or his or her case to move through the court system.
YOUR hiring an experienced criminal defense attorney to zealously argue on your behalf for O.R. or reduced bail can greatly improve your chances of being out of custody while fighting a criminal case.
Consult with one of our lawyers about your rights, defenses, and or the possibility of avoiding a conviction in the first place. Consult with one of our attorneys to inquire as to the best way to remain out on your own recognizance (“O.R.”) or allow us to greatly reduce your bail so that your family can afford to post bail! MOST IMPORTANTLY, our law firm’s most important goal is to make every effort to avoid a conviction in the first place!
PROBATION IN LIEU OF JAIL OR PRISON
A probation sentence can include up to a year in county jail time. The goal is, through effective plea negotiation with the court and the prosecution, to help you avoid custody time.
If a case cannot be dismissed or won outright at trial, the next best thing is for your attorney to argue for a probation term or sentence.
Negotiating for no jail time, or as little jail time as the law permits in your case is ideal. Getting a grant of probation, particularly one with no jail time, will often require a strong showing to the court and/or prosecution that the defendant deserves an alternate sentence and should not be sentenced to jail for their offense.
Having a knowledgeable, experienced North Bay Criminal Defense Attorney on your side is absolutely imperative.
WORK RELEASE, WORK FURLOUGH AND COMMUNITY SERVICE
Work release and work furlough are two different programs that appeal to different types of defendants.
Work release involves an actual release from custody, whereby inmates earn custody credit by performing labor during the day (similar to community labor), and are able to sleep at home and resume a relatively normal schedule and life.
This program is ideal for people who have the time to fit work release into their schedule, but still have obligations at home and cannot have their lives disrupted by continued incarceration. There are many limitations for participation in Work Release for instance, certain crimes, i.e. domestic violence and resisting arrest generally disqualifies defendants from participating, but we have successfully appealed these denials, so don’t give us without first talking with us.
Conversely, work furlough is a program that allows defendants to go to work during the day, but return to custody to sleep in the jail. This allows defendants to keep their jobs in many circumstances, thus avoiding one of the worst consequences of doing time in jail.
Community labor and community labor do not involve any actual custody; instead, they are usually conditions of probation and may be performed by defendants within the schedule set by the probation officer or court. Community Service is the hours set by the court to try to integrate defendants back into the community by volunteering at various non-profits. See us for the lists and details.
ELECTRONIC MONITORING (“HOUSE ARREST”)
Also known as House Arrest, Electronic Monitoring, Electronic Confinement Program, (Community Detention for Juveniles) is a favorable alternative to jail and offers defendants an opportunity to give up only a portion of their liberty, rather than be incarcerated in the county jail.
Electronic monitoring involves wearing an ankle bracelet that monitors the location of the defendant with a GPS tracking system and or device. Typically, arrangements can be made for the wearer to go to work or school, so long as they are home by an appointed time.
REHAB OR SOBER LIVING IN LIEU OF JAIL OR PRISON
Many drug crimes, DUI offenses (particularly repeat DUIs) and even theft crimes are deeply rooted in an underlying addiction problem.
In these instances, jail may not provide the best sentencing options. Not only are drugs actually quite plentiful in jail, inmates are often not provided with much guidance in the form of substance abuse treatment; therefore, even those who do abstain from drug and alcohol use during their incarceration, have not been equipped with the education and motivation necessary to continue their sobriety upon release.
Whether it makes the most sense to have the court order a defendant into rehab pre-trial, to enter rehab voluntarily, or work out a sentence where custody time can be served in a rehab or sober living facility, rehab will almost always be a better option for those suffering from addiction problems.
Our law Firm works closely with addiction and rehabilitation providers such as DAAC, Kaiser Permanente’s Chemical Dependency Program, the Ohlhoff Recovery Program in San Francisco, the Bridges Program, Athena House, NAMI (upstairs from our Santa Rosa Office) and many others to try to get our clients day for day credit for any jail sentence imposed.
If you or a loved one has been arrested or charged with a crime, avoiding jail time is likely among your chief concerns.
Contact Fiumara & Milligan Law, PC now at 707-571-8600 OR 415-492-4507 for a free consultation to discuss your possible defenses as well as custody and JAIL alternatives in the event that a conviction cannot be avoided.
JAIL ALTERNATIVES IN CALIFORNIA
