For most people who have been charged with a crime, avoiding a jail sentence and prison time is a primary concern. Fortunately, the Michigan legislature has passed laws that allow someone convicted of a crime to avoid jail time. Elmen Legal will work with you, the judge, and the prosecutor to explore alternatives to incarceration based on the circumstances of your case.
Depending on your case, Michigan offers several alternatives to incarceration. But determining your eligibility and choosing the right option often requires assistance from an experienced criminal defense lawyer who understands Michigan criminal statutes and sentencing guidelines and can advise you on how to resolve your case so you can avoid going to jail.
Depending on your circumstances, alternatives to incarceration may include:
In addition to less severe sentencing options, Michigan has created various specialty courts dedicated to specific types of offenses or for certain demographics.
If you are convicted of a crime, deferred or delayed sentencing might be an option if you can convince the judge that you are not likely to commit another crime and will not be a danger to the public.
A defendant is eligible for deferred adjudication unless they have been charged with an OWI offense, intoxication assault, intoxication manslaughter, a repeat drug offense in a drug-free zone, or are a repeat sex offender.
If you qualify for deferred or delayed sentencing, your sentence may be postponed for up to one year. During this time, you can request a less severe sentence while exploring other alternative sentencing options.
Probation is an option for people who have been charged with crimes other than murder, treason, first-degree or third-degree Criminal Sexual Conduct (CSC), or armed robbery. The judge may consider probation as an alternative to jail time if the offender is unlikely to re-offend. The terms of probation will vary based on the nature of the charge, compliance with the terms of probation, and other factors.
Common terms of probation often include:
In addition, probation may include mandatory treatment and counseling, community service, house arrest, electronic monitoring, drug or alcohol testing, education requirements, curfew, and prohibition from certain locations.
In addition to sentencing alternatives, Michigan has special courts dedicated to specific types of offenses or for certain demographics. The most common are juvenile court and courts for people who are addicted to drugs or alcohol.
If you are under age 17, you will be charged as a juvenile unless the charges are very serious. Children under 14 are rarely charged as adults, even in serious cases. Sentences in juvenile court emphasize rehabilitation, alternative sentencing, and the best interests of the child, and often include options that allow you to avoid prison time.
Drug and alcohol courts hear crimes attributed to drug and alcohol addiction. Michigan drug and alcohol courts consider the effect of addiction and are specially designed to reduce recidivism and substance abuse among non-violent offenders. They offer rehabilitation solutions such as participation in support groups, education, and drug testing as alternatives to prison time. Judges in these courts recognize that addiction is a complex disease and offer comprehensive interventions, treatment, and other services.
At Elmen Legal, my goal is to keep you out of jail and help you avoid prison time. Michigan sentencing laws are complicated, but as an experienced criminal defense attorney, I can help you navigate them and achieve a successful resolution to your case.
Regardless of your specific circumstances, my commitment to my clients never wavers. I will work hard to defend you in court and develop creative solutions to avoid a jail sentence.
Elmen Legal is based in Ann Arbor and proudly represents people throughout Michigan, including Saline, Pittsfield Township, Chelsea, and Ypsilanti, as well as Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.
Learn more about Attorney Robert Elmen, then call (734) 707-8915 or contact Elmen Legal online today to schedule a confidential consultation to discuss your situation and how he can help.
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