The Secret to Avoiding Jail Time in Oakland County
Felony and Misdemeanor Cases – You do not have to go to jail in most Oakland County cases. A savvy defense lawyer who is experienced with the courts in Oakland County gives you the best chance of avoiding jail or prison.
“How do I get out of serving jail time in Oakland County?”
Many lawyers tell clients charged with a felony or misdemeanor in Oakland County that it is challenging to avoid jail time. The truth is that a resourceful, tenacious lawyer who is experienced in defending criminal cases in Oakland County knows that there are various programs that, when requested, can keep the client out of jail or prison or, at least, drastically reduce the amount of time they will have to serve.
Programs for Avoiding Incarceration
Adult Treatment Court – Designed for substance-abusing non-violent adult felony offenders in an effort to rehabilitate and then successfully reintegrate them into the community.
Alternative Incarceration Centers (AIC) – Community-based, 24 hour-a-day supervised sentencing alternative for Circuit Court Judges to use in felony cases. Individuals sentenced (for a non-violent felony offense) to an AIC must adhere to strict supervision and behavior standards, participate in various therapeutic interventions (e.g., substance abuse and/or mental health counseling), and financially contribute to their care once employed.
Alternatives to Incarceration (ATI) – Substance abuse treatment in various settings, lasting up to 30 days, is a productive way to avoid jail time in Oakland County. Typically these programs are for misdemeanants whose criminal conduct is directly related to drug/alcohol use or addiction—designed to treat the offender with serious drug/alcohol problems effectively.
Life Employment & Skills Program (LESP) – This program is designed for in-custody felony offenders who have a history of past criminal conduct and substance-abusing behavior and can result in a 25% reduction in the jail sentence upon completion.
Electronic Monitoring – Electronic monitoring allows for close supervision of a defendant while in the community and can be ordered to avoid jail time in Oakland County. Schedules are set for defendants who are allowed to work, attend school, counseling, and other appointments required by the court. There is a fee for electronic monitoring. Restricted areas can be established in cases where victims are involved. Types of electronic monitoring include:
- Global Positioning System (GPS)
- Transdermal Alcohol Monitoring
- Breathalyzer Monitor
- Ignition Interlock
- Tether
Prior Authorization Central Evaluation (PACE) – Defendants with court-appointed attorneys also want to know how to avoid jail time. PACE provides the first step to substance abuse treatment for Medicaid, low-income, and underinsured individuals.
Prison SAI (Special Alternative Incarceration) – Offenders eligible for the Prisoner Boot Camp must be sentenced to a minimum prison term of three (3) years or less, or two-year minimum or less for Breaking and Entering (ODH) or Home Invasion. Ninety (90) days at the program include strenuous physical exercise and work, educational, and vocational counseling. Inmates are released to aftercare upon completion of the Boot Camp.
Probation SAI (Special Alternative Incarceration) – The program includes ninety (90) days at the Boot Camp in Chelsea with strenuous physical exercise and work, including community projects. Additionally, the Boot Camp incorporates educational and vocational counseling and an aftercare program. SAI can help a defendant needing structure and stability to avoid jail time.
Sheriff’s Work Release – A GPS tether-based program designed to allow offenders to live at home and maintain employment.
Step Forward – Utilizes the day reporting center concept and is designed to accommodate offenders and their work shifts while ensuring public safety through intensive supervision services.
Urban Drug Court – For nonviolent crimes committed in Pontiac, MI. Frequent, random drug and alcohol tests; attendance and participation in Drug Court every other week; support groups such as AA, NA, or Smart Recovery; appearing and participating in counseling sessions; completing any assignments; abstinence from drugs and alcohol; and more.
WWAM (Weekend & Weekday Alternative for Misdemeanants) – A supervised Community Service Program
Zero Tolerance Program (ZTP) – Designed to assist judges in enforcing abstinence from controlled substances by incorporating random urine screens. The number of days sentenced to Zero Tolerance is instead of jail time and should be ordered accordingly.
Will the judge or prosecutor help me avoid jail time with a program?
Judges and prosecutors generally do not look for alternatives to jail when they believe that the defendant must be punished. As for defense lawyers, many focus on reducing jail time and fail to fight for alternatives that may be acceptable to the court. Many available programs and can reduce or eliminate jail time or reduce terms of probation have requirements that must be met before the sentencing hearing. If an attorney does not have great expertise in all sentencing options and their specifications, he will be helpless and ineffective at sentencing. Great lawyers are proactive, and even while they are fighting every aspect of a case for their clients, they think about and prepare for achieving an extraordinary result at sentencing if there is a plea or conviction. Great golfers do not head out to the course with one club; they have a bag of clubs, each appropriate for different situations. Likewise, well-respected attorneys have a bag of different approaches and tools at their disposal, so they are ready for any challenge presented.
Facing Sentencing and Want to Avoid Jail?
The team of defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. has vast experience handling felony and misdemeanor cases in Oakland County, Michigan, and a well-known track record of success. When it comes to helping a client avoid an impending jail or prison sentence, our defense lawyers will do whatever is necessary to help their clients get in the best position possible to convince a judge that they deserve a chance to prove that incarceration is unnecessary. We are well known and respected for our passionate, tenacious, and creative representation of clients at sentencing, and we can frequently help clients avoid incarceration when it seems inevitable.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
