Fairfax Alternative Sentencing Attorney
Helping you fight for alternative sentencing
If you are convicted of a criminal charge in Virginia, it does not necessarily mean that you will be going to jail or prison. The state provides several alternative sentencing programs – alternatives to jail or prison – for the convicted offenders who qualify.
Alternative sentencing is intended not only as rehabilitation but also as punishment, so the sentence must fit the crime. Offenders convicted of violent felonies and those with extensive criminal records usually are not eligible for an alternative sentencing program.
How Does Alternative Sentencing Help Convited Offenders?
Alternative sentencing allows some offenders to keep their jobs, remain in their communities, and provide for their families. Other programs provide treatment, therapy, and counseling to convicted offenders who are struggling with drug and alcohol dependency issues.
If you are not guilty of a criminal charge, you should contest the charge and fight to clear your name with the help of a good criminal defense attorney. But if the evidence against you is persuasive and a conviction is certain, your defense lawyer will negotiate for reduced or alternative sentencing.
What Alternatice Sentencing programs are available?
A convicted offender’s eligibility for an alternative sentencing program usually hinges on the nature of the crime and on the offender’s prior criminal record. Alternative sentencing in the Fairfax area includes these programs and options:
- Weekend confinement: Judges let some convicted offenders serve their sentences on weekends so they may keep their jobs. Fairfax County’s weekend confinement program has offenders appear by 6:00 p.m. on Fridays. They’re released at 8:00 a.m. on Mondays.
- Probation: Instead of a jail or prison term, many convicted offenders in Virginia are sentenced instead to probation. If the terms and conditions of probation are violated, a judge can revoke the probation and send the offender to jail or prison.
- Work release: Some convicted offenders in some Virginia jurisdictions will be eligible for a work release program that releases them from jail so that they may go to work each day.
- Community service: For some convicted offenders, community service will be ordered rather than jail time. A judge typically determines a specific number of community service hours that the offender must serve.
- Community Labor Force Offender Program: In Fairfax County, convicted misdemeanor and traffic offenders who are considered “low-risk” may avoid jail by working on community beautification and revitalization efforts.
- House arrest: House arrest or “electronic incarceration” allows convicted offenders to live at their homes and retain their jobs. The offender must wear an electronic monitoring device and pay part of the cost of the device.
- Fines Option Program: In Fairfax County, this alternative sentencing program allows convicted offenders to perform community service to “work off” court costs and fines instead of paying cash.
Your Attorney should know the sentencing alternatives
If you are charged with a crime in the Fairfax area, you’ll need to consult with a Fairfax criminal defense attorney who knows and understands the sentencing alternatives that are offered by the criminal courts.
As mentioned above, a defense lawyer’s first job is to fight for a defendant’s freedom – to have the charge dismissed or to have a jury return a not guilty verdict. But if that’s not possible, you must be represented by a defense lawyer who is familiar with the alternative sentencing options.
The first step to take after any arrest is to contact and speak with a reliable criminal defense lawyer. Do not answer any questions asked by the police – you have the right to remain silent – and do not accept any deal or plea agreement until you have been advised by your attorney.
When should you seek a FairFax Attorney’s help?
To provide you with sound legal advice and an effective defense strategy, a good defense lawyer will need some time to investigate and review your case. If you are charged with a crime in Northern Virginia, you should start looking for a good defense attorney immediately.
Since 2000, Fairfax criminal defense attorney Scott C. Nolan, PLLC has defended thousands of clients accused of serious crimes in Northern Virginia. He is a member of the National Association of Criminal Defense Lawyers and the National College for DUI Defense.
Attorney Scott C. Nolan, PLLC will review the charge or charges against you, find and exploit any flaws in the prosecution’s case, and offer an appropriate and effective defense to the court. Whether the charge is a simple traffic violation or a crime of violence, he can help you.
To learn more or to schedule a legal consultation, call The Law Office of Scott C. Nolan, PLLC’s law offices or contact him online. If your future and your freedom are at risk because you’ve been charged with a crime, promptly get the legal help you need. That is your right.
Fairfax Alternative Sentencing Attorney FAQs
Alternative sentencing refers to non-traditional penalties that courts may impose instead of jail time, such as probation, community service, or diversion programs.
Eligibility depends on the offense type, criminal history, and whether the defendant meets the court’s criteria for programs like probation, diversion, or treatment courts.
Diversion programs offer first-time or low-risk offenders the chance to complete specific requirements, such as counseling or community service, in exchange for reduced or dismissed charges.
Deferred sentencing allows a judge to delay the imposition of a sentence while the defendant completes certain conditions, such as probation or treatment programs, potentially leading to reduced penalties.
Probation is a type of alternative sentencing, but other options may include community service, treatment programs, or deferred sentencing. Each has unique conditions and requirements.
Community service hours vary based on the offense and court orders. Courts may require specific organizations, supervised hours, and completion deadlines.
Yes, all alternative sentencing options require court approval. A skilled attorney can petition the court and advocate for the most appropriate alternative for your case.
First-time offenders may be eligible for probation, deferred sentencing, community service, or enrollment in drug or mental health courts, depending on the offense.
These specialized courts focus on rehabilitation rather than incarceration, providing structured programs for offenders with substance abuse or mental health issues.
An attorney can file a motion with the court requesting deferred sentencing. The court will review eligibility, criminal history, and any treatment or supervision plans.
Benefits include avoiding incarceration, maintaining employment and family stability, reducing criminal records, and accessing rehabilitation or treatment programs.
Yes, completing alternative sentencing programs may lead to reduced fines, lower probation conditions, or even dismissal of certain charges, depending on court rules.
Yes, violent crimes, repeat offenses, and certain felony charges may limit eligibility for alternative sentencing programs.
An attorney evaluates your case, identifies eligible programs, prepares motions, negotiates with prosecutors, and presents your case to the court to maximize favorable outcomes.
The duration varies based on the program, offense severity, and court orders. Programs may last from a few months to multiple years, often with conditions for completion and reporting.
