Alternatives to Prison
In most states, a court has several options other than sentencing an offender to a prison term. This, in large part, depends on the crime, though a judge is not likely to impose an alternative sentence for a serious crime. For a minor offense, such as drug possession or drunk driving, a court may be willing to impose an alternative sentence, which can combine a variety of punishments.
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Probation
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A person sentenced to probation has been found guilty of a criminal offense. Probation is the suspension of a sentence for a specific amount of time. In most states, a person is not eligible for probation if he has a prior conviction. While on probation, the person must abide by certain conditions, which commonly include community service, participation in a drug rehabilitation program and the payment of a fine to the state or restitution to the victim of the crime. A violation of any condition may result in the imposition of the original sentence.
Fines
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The court has discretion over whether to impose a fine on the defendant. In most states, the law allows a judge to impose a term of imprisonment, a fine or both. A judge is not likely to impose the payment of a fine as the sole penalty when the court finds a person guilty of a serious offense, such as assault, or if the person is not a first-time offender. Instead, a court may choose to sentence the offender to imprisonment and the payment of a fine. For a minor offense, like a fish and game violation or a traffic offense, the court may impose a fine as the sole penalty. The state benefits from the payment of fines.
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Community Service Work
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Instead of sentencing an offender to a prison sentence, the court may order the person to perform community service. Community service is unpaid work that benefits the community. The purpose of community service is for the offender to repay society. The law in most states allows the judge to choose this option for punishment in certain circumstances. This punishment is commonly combined with other alternatives, including the payment of a fine, restitution or probation.
Diversion Programs
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Diversion removes the offender from the criminal justice system and requires the offender to participate in a diversion program, such as a substance abuse program. This option is often available to offenders arrested on drug possession charges. If the offender completes the diversion program, the prosecutor will drop the charges. If, on the other hand, the offender does not complete the program, a court can reinstate the charges and find the offender guilty of the crime originally charged with.
Restitution
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Restitution is the payment of compensation to the victim of the crime or to the restitution fund in the state. Restitution is meant to compensate victims for the harm caused by the offender. For example, in the cases where the victim dies from injuries resulting from the crime, the court may order the offender to pay the funeral costs. Restitution is often combined with fines, probation or community service.
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