A judge, as a neutral party, can impose various sentences on a California criminal case, depending on the facts and circumstances surrounding that case. The judge will review the defendant's criminal record and the specific actions taken in the current case before passing judgment. It's important to note that the judge's role is to ensure a fair and just outcome, considering all aspects of the case.

However, the truth is that the prosecution and defense have usually already agreed on the sentence the judge will impose before the defendant pleads guilty to the crime. There are rare circumstances in which the judge decides the punishment for a particular defendant, but this is not the ordinary course of events. 

Therefore, it's crucial to have a criminal defense attorney who has handled similar cases to yours, knows what they are worth, and has the skill to negotiate a favorable disposition for you. This professional guidance can provide reassurance and confidence in navigating the legal process. Taking into account your life and the issues you have is the first step in deciding what type of alternative sentence might be available to you, and one you can deal with.

What Types of Alternative Sentences Are Available? 

When we say “alternative sentence,” it should be assumed that the sentence in question is an alternative to jail or prison time. Judges can impose, and the parties can agree to the following penalties:

Community Service—The community service office at each courthouse will maintain a list of court-approved community service options for individuals to complete in order to satisfy the terms and conditions. If an individual has a physical limitation, their attorney must arrange for them to perform light community service to avoid further injury while still fulfilling the court's requirements.

Community service is an alternative to jail, which is less intimidating but can be time-consuming. The person who agrees to accept it should be aware that if they fail to complete it, they may face jail time for violating their probation. This underscores the importance of taking alternative sentencing seriously and fulfilling the court's requirements.

Community Labor – If the judge orders you to do community labor, this is usually a substitute for jail time. If you do not complete it in a timely fashion, you can expect to be given jail time to satisfy your obligation to the court.

This form of work is usually more complex than community service, and you can expect to engage in physical tasks that require movement and physical effort. For example, you could clean up a park or beach, or do other physical work.

Fine – If you are ordered to pay a fine, then you should be clear on whether or not a penalty assessment is attached to that fine. As of the writing of this blog, there is a 200% penalty assessment ordered by judges on all fines in Los Angeles and most surrounding counties. As you might expect, this is how the courts generate a significant portion of their revenue, and they can be relentless in collecting it and ensuring that this alternative sentence is a court-imposed obligation.

Diversion Program – This type of resolution involves a defendant either pleading guilty to a crime and their sentencing being deferred for a specified period (such as a year), or the case is continued for a short time to allow the defendant to complete a program and avoid further trouble. If the person complies with the requirements and has no new arrests, the case will be dismissed, allowing them to move on with their life and avoid a criminal conviction.

Sentence for a Misdemeanor – Some offenses can be charged as misdemeanors or felonies, depending on the individual's conduct, the seriousness of the offense, and their priorcriminal record. When the case is filed as a felony, it is possible to negotiate with the prosecutors and convince them to downgrade the charge to a misdemeanor at a future date, provided the person remains arrest-free and completes some agreed-upon punishment. This alternative sentence is an excellent way to avoid a misdemeanor and potentially have the case dismissed from your record if you can stay on the straight and narrow.

Cal Trans - This form of punishment is an alternative to jail and is not easy to complete. Cal Trans involves those people you see on the freeways doing road work and cleaning up. If the prosecutors initially want jail for the case, this is one of the punishments they are most likely to agree to.

They know this is hard work and that the person has to get up early and typically work a ten-hour day. If you are not a hearty person who can do some work, this punishment is not advisable because if you can not complete it, the judge will likely convert it to jail time.

Can My Criminal Case Be Dismissed? 

One crucial thing that an alternative sentence can do for you and keep you out of jail is to set things up so you can get your case dismissed in the end. This potential for a positive outcome can instill a sense of hope and optimism. Ultimately, this is the goal in all criminal cases. Finding an attorney who is familiar with the various alternative sentencing options that result in dismissal is crucial to your success in the criminal justice system.

One good alternative sentence is called deferred entry of judgment. In this scenario, you plead guilty to a particular crime, and your sentence is put over to a future date to allow you to serve out an agreed-upon punishment in exchange for a future dismissal. This clear explanation can help you feel informed and prepared for the legal process.

In this circumstance, when you come back on whatever date was agreed upon by you, your attorney, the prosecutor, and the judge, if you have done everything you were supposed to, the guilty plea is taken back, a not guilty plea is put in the record, and the case is dismissed. Your attorney must negotiate this alternative sentence, which is only available in certain types of crimes and cases.