When Do First-Time Offenders Go to Jail – A Brief Guide
When Do First-Time Offenders Go to Jail – A Brief Guide
If you are accused of a crime, then typically, the first question that you will ask your lawyer is whether you are going to jail. And like most lawyers, your lawyer might respond with the classical answer of “it depends.”
There are several factors that come into play when determining whether one is or is not going to jail – especially when one is a first-time offender.
Legal vs. Factual Defense
The first question is whether there is an outright legal or factual defense to the charge. On that note, if there is a legal or factual defense to the charge and the prosecutor is convinced that the defense is legitimate, they will likely dismiss the case.
If the case is ultimately dismissed, the accused is not going to jail. However, if the case is not dismissed because there are no outright legal or factual defenses, then we have to look at the seriousness of the crime to determine whether someone is going to jail.
It is important to mention here that sometimes, first-time offenders can immediately be bailed out after their arrest, in which case they can get bail bonds by calling a bail bond agent and avoid staying in jail until their court appearance.
Serious Offense Means Jail Time
The more serious the offense is, the more likely it is for the offender to go to jail – that is – if they are convicted of the crime. So, serious offenses include homicide, rape, and major drug trafficking offenses. Serious offenses are more likely to lead to prison time.
On the other hand, if you have lesser offenses, such as trespassing, theft, and minor domestic violence – then you may not go to jail. There can be certain alternatives to jail time, such as house arrest, public work service, community service, or being placed on probation.
You should know that even if you can avoid going to jail, you will still have a certain offense on your record, which can and will impact various aspects of your life, such as getting a job and getting a house. It can also make you look bad in child custody.
You get the time – jail time can have a negative impact on your life, which is why you should take minor charges seriously.
What To Do After Jail Time?
If you are in a situation where you have been convicted of a crime and served some time in jail, you already know that jail can be a traumatic experience. However, it is still possible to get your life together. Firstly, you should take your life seriously, which includes becoming a responsible citizen.
Take care of your assets with the help of an estate lawyer so you have complete control over what happens to your assets when you are no longer around or when you are ill and no longer able to make financial and other decisions on your own.
More importantly, replace your bad habits with better habits so you get out of the loop of toxicity and start living a life that you are proud of. Whatever destructive thing led to you going to jail needs to be avoided now at all costs.