With the concept of alternative sentencing, there is often a cloud of uncertainty. However, after twenty-five years in this field, I've seen how it can bring a sense of relief to those facing charges in Los Angeles courts. It's a beacon of hope, a response to a proposed sentence that doesn't sit right with the individual.

Whether it's jail time or prison, there are many reasons why the proposed sentencing scheme might not feel right. But understanding alternative sentencing is like holding the reins of your own fate. It empowers individuals to explore other options, such as community service or Caltrans, depending on the circumstances.

What this really means is that they want a different sentence from what they're getting. Often, this will take the form of avoiding jail time. There are opportunities like community service, Caltrans, and various programs that people can participate in — again, depending on the nature of the crime and the circumstances of the case. For instance, non-violent offenses, first-time offenders, or cases with mitigating circumstances may be more likely to be considered for alternative sentencing.

Another alternative sentence that I see people discussing is trying to avoid a conviction in a criminal case that will stay with them for the rest of their lives. So, some alternative sentencing has to do with diversion programs or programs designed to basically allow you to end up with a result in your criminal case where you're not getting convicted — where you're able to get the stigma attached to a crime off, assuming that you do certain things and a certain amount of time passes.

This could be anywhere from one to three years. I've even seen it for as long as five years when you're on probation. You're ordered to do certain things. You may be ordered to abstain from certain activities, and if you follow the rules and don't have any other issues, a resolution can be established, which allows you to expunge your conviction.

Now, several Penal Code sections have been passed by Governor Brown, allowing you to have your record sealed and destroyed, whereas previously, this was not possible. This process involves petitioning the court to seal your record, which means it will be hidden from public view. If successful, it can have significant benefits for your future, including improved employment prospects and reduced stigma associated with a criminal record.

This is a good time for alternative sentencing, but the term' alternative sentencing' itself doesn't really convey much meaning. If you say that to a prosecutor, like, Can I get some alternative sentencing, they're going to look at the criminal defense attorney like, What are you talking about? This is not a typical office term.

This is just a term people are using because they're not satisfied with their sentence structure. Sometimes, people are sentenced, and they're trying to change that and receive an alternative sentence. That's obviously a very difficult thing to do. You'd have to withdraw your plea, and then the prosecutor and judge would have to agree to give you a different sentence, which they are not likely to do because they've already given you a sentence, and they feel that was a fair sentence in your particular case.

California Alternative Sentencing Requirements

So, if you're delving into the concept of alternative sentencing, the first step is to sit down with a criminal defense attorney. This professional, with a wealth of experience in criminal cases in the court where your case is pending, can be your guiding light. They can help you understand the potential sentence in your case, advise you on the best course of action, and advocate for an alternate sentence if necessary. They can also help you navigate the complex legal system and ensure your rights are protected.

Or maybe you're in the middle of being offered some sort of a deal where you see that the sentence you're going to get is going to be something that you do not want. That happens frequently in criminal defense. Nobody wants to go to jail. Nobody wants to go to prison. Nobody wants to be put on probation.

Nobody wants to have to pay money or do Caltrans or do domestic violence courses or whatever the proposed punishment is. So, in that case, you either go to your current attorney and talk to them about it, or see what they say. If you're not satisfied with that, consider consulting with another attorney. Tell them what the situation is.

What I ask is, which court are you in? Who's the judge? What does your criminal record look like? What did you do? Who was impacted?

Then I can get a good feel for what the proposed sentence is, something you won't be able to get out of. Sometimes, they just offer some general sentence, and nobody actually goes in there and shows them the alternate facts that are available to change that sentence. 'Alternate facts' in this context refer to additional information or perspectives that can be presented to the court to argue for a different sentence. Whether it is that the Public Defender is just not doing their job, or some other attorney needs to do their job, or it could be that the Public Defender and other attorney are doing their job. Still, the prosecutor or judge just says no.

As a defense attorney, I must determine what else I can do. Who can I go to? What evidence can I uncover? What investigation can I conduct to resolve this issue for the client? That's what I do all the time, and there are a lot of gray area cases where we're just not sure whether we can do it.

The only way we can find out is by loading up all the information, loading the ammunition, and going in there to make the argument. I do that all the time, and I consistently achieve results.

Sometimes, you run out of rope, and the prosecutor and judge tell you to go pound sand and say Listen, if you don't want to take that deal, if you don't want to take that sentence, then take the case to trial.

You've got to get in front of a criminal defense attorney who knows what they're doing, who's local to the court where your case is pending, if you want to try to get an alternate sentence so that you're satisfied that the result is fair. You can move on with your life in a positive direction.