When you are convicted of a criminal offense in Los Angeles, losing your freedom to a jail sentence can impact every part of your personal and professional life.

However, in some cases, alternatives to incarceration in California could give you another chance at freedom. A criminal conviction does not always mean you will have to spend time in a Los Angeles County jail or a California state prison. This possibility of a different outcome can bring a sense of relief and hope in an otherwise daunting situation.

Suppose you are facing criminal charges that could result in jail or prison time. In that case, you will need an experienced Los Angeles criminal defense attorney who not only understands the range of alternative sentencing options but also passionately advocates for them. This level of commitment can provide you with a sense of reassurance and support during this challenging time.

Alternative sentences in Los Angeles are frequently the best option for the court, society, and our clients. Our lawyers help judges see you as a real person, not just another criminal defendant. Our law firm can open the door to some creative alternative sentencing options that can make a difference rather than just punish you. This potential for a positive outcome can instill a sense of optimism and encouragement in you.

Your criminal defense attorney will negotiate with the prosecutor to determine the best alternative sentencing option for your case. So, what exactly is alternative sentencing?

In simple terms, it provides you with an alternative to avoid serving time in jail. Alternative sentencing can be implemented through several programs that were put in place by California lawmakers for a negotiated plea agreement between your criminal defense attorney and the prosecutor.

Alternative sentencing is typically available in misdemeanor and felony drug crime cases; however, it can also be offered in other types of cases, such as theft crimes, domestic violence cases, and certain non-violent offenses. Alternative sentencing options are often a win for you and the California criminal justice system.

It can prevent the county jails and state prisons from overcrowding, and it's also a significant cost savings to California tax payers who don't have to pay for your incarceration. In addition, it gives you the opportunity to rehabilitate and get your life in order, especially if you have a drug or alcohol addiction.

At the Los Angeles criminal defense law firm of Eisner Gorin LLP, we strongly support alternative sentencing. We know from experience that many of the available options can provide you with an opportunity to receive needed assistance to get your life on track. However, alternative sentencing is not an option for everyone.

Alternative Sentencing Requirements

Again, it's important to note that alternative sentencing is not always an option in a Los Angeles County criminal court. There are many factors the judge will consider to determine if you are eligible for an alternative sentence. These factors include: 

• Whether you committed a violent crime, such as sexual assault, murder, or robbery, and did your crime involve the use of a weapon;
• Your criminal history of prior convictions;
• If you are currently on probation or parole;
• Whether you pose a risk to yourself or others.

The judge will also consider the specific circumstances of your crime. Alternative sentencing is an option for several misdemeanor offenses and a few felony crimes. Call a Los Angeles criminal defense lawyer at our office for more information.

Alternative Sentencing Options

If the judge decides to grant you some type of alternative sentencing, they have several available options. Some alternative sentencing options are at the discretion of the judge, while others are mandatory under California law. The most common forms of alternative sentencing options include:

• House arrest;
• Involuntary home detention;
• Therapy;
• Pay to stay in private jail;
• Electronic monitoring;
• Community service, including Caltrans labor;
• Alcoholics or Narcotics Anonymous meetings;
• Drug rehabilitation, such as Proposition 36, halfway houses;
• California drug court;
• Work release;
• Deferred entry of judgment, penal code 1000 ;
• Probation, supervised or unsupervised;
• Behavioral management programs for anger issues, etc.

In addition, in some cases, our criminal lawyers may be able to negotiate a civil compromise with the victim of your crime. A civil compromise is an agreement between the victim and the defendant, where the victim agrees to drop or recommend dismissal of the criminal charges in exchange for certain actions or compensation from the defendant. 

We might be able to get them to agree to or recommend dismissal of the criminal charges if you take certain actions.

For example, in cases of shoplifting or theft, our attorneys may get a store owner to drop charges in exchange for restitution. Civil compromise sections of the penal code can also apply to battery and hit-and-run cases.

Electronic Monitoring in Criminal Cases

Electronic monitoring in Los Angeles County is a type of house arrest or home confinement program.  However, you are always required to stay in your home. Typically, electronic monitoring is enforced through an ankle bracelet that communicates with a home monitoring unit. It's not free.

You will be responsible for paying the cost of using an electronic monitoring instrument. The ankle bracelet will send a 24-hour signal to the monitoring agency, which is responsible for providing real-time communication of any unusual activity in the signal.

Unusual activity includes tampering with the monitoring equipment, traveling outside authorized locations, and violating curfew.

Whether you are eligible for electronic monitoring will depend on the specific circumstances of your case and what type of conditions your criminal defense attorney can negotiate. In some cases, if the court grants electronic monitoring, you could be allowed to:

• Go to work or school;
• Attend counseling, drug & alcohol addiction classes;
• Perform community service hours;
• Go to any doctors appointments;
• Take care of necessary family obligations;
• Attend any other activity ordered by the court.

Many home confinement programs will also include random drug tests and home visits. If you violate the conditions of electronic monitoring, the monitoring agency will notify your probation officer, and you will most likely face arrest.

The judge can revoke your home arrest and send you to a county jail or California state prison for the remainder of your sentence. In order to determine if you are eligible for electronic monitoring, call our Los Angeles criminal defense law firm.

SCRAM Device

The SCRAM bracelet is a form of electronic monitoring often imposed as a California driving under the influence penalty. SCRAM stands for Secure Continuous Remote Alcohol Monitor. It's an electronic device you wear on your ankle that detects alcohol in your sweat.

The device checks for alcohol in your blood at random intervals, about once every hour. It saves the results and transmits a report to a monitoring service once per day. It also detects if you attempt to tamper with the device and includes this information in the daily report.

Typically, when you are ordered to wear a SCRAM device, you can travel anywhere. However, you are prohibited from consuming alcohol.

Deferred Entry of Judgment – Penal Code 1000 PC

Deferred Entry of Judgment, under California Penal Code Section 1000, is available if you are charged with a misdemeanor or felony drug possession, as long as you have never been convicted of a drug crime or have completed penal code 1000 probation within the past 5 years.

It will typically include 36 months of probation. However, you will be required to plead guilty to a simple drug possession charge, and the court will order you to complete a treatment program that usually lasts about 5 months.

If you successfully complete the drug program and are not charged with any new crimes for 18 months, you will allowed to return to court, withdraw your guilty plea, and the court will dismiss your case.

Penal Code Section 1000 probation is not available if you take your case to trial. This alternative sentencing option is only available at the pretrial stage of your case—om consuming alcohol.

California Proposition 36 Probation

Proposition 36 probation is available if you are charged with misdemeanor or felony drug possession and have no prior drug convictions on your criminal record.

Proposition 36 probation is formal felony probation and more expensive and strict than Penal Code 1000 probation discussed above. Typically, when you are granted Proposition 36 probation, you will be assigned to a Los Angeles County probation officer, whom you must report to on a regular basis.

The severity of your substance abuse problem will be evaluated, and you can be ordered to an outpatient drug treatment program or even residential drug treatment.

If you successfully complete Proposition 36 probation, you will return to court, and your charges will be dismissed. Unlike PC 1000, Prop 36 is available if you take your case to trial and are found guilty.

Involuntary Home Detention

Under California Penal Code Section 1203.017, if a county jail becomes too overcrowded and you are a low-level misdemeanor offender, you could be required to serve the remainder of your sentence at home. You will receive the same amount of jail time credit as if you had served your sentence in the Los Angeles County jail.

An electronic monitoring device will monitor you. Suppose there is a reasonable cause that you are not in compliance with the conditions of your involuntary home detention. In that case, you will taken into custody for the remainder of your original sentence.

Contact a Los Angeles Criminal Defense Lawyer

If you are charged with certain criminal offenses, you may be eligible for an alternative sentence. In some cases, the prosecutor's case against you is so strong that the best legal defense is to pursue an alternative sentence.

The Los Angeles criminal defense lawyers at Eisner Gorin LLP may be able to help you avoid a conviction and jail time and minimize fines. 

For first-time DUI offenders and even some repeat offenders, there are numerous alternative DUI sentencing options available that can provide significant relief from the potential of incarceration, thereby mitigating the consequences of a DUI conviction.

Our lawyer's aggressive approach and creative defense strategies have helped many of our clients stay out of jail. Our law firm may be able to improve your life by pursuing alternative sentencing strategies. We offer a free, immediate response. 

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