The most common question: Will I be going to jail for this?

 By: Travis Rice

Photo by KTVB

   What's the most common question I get? The answers gotta be..."will I be going to jail for this?" The perfect answer is "it depends." It depends on a number of factors. But...who is most likely to go to jail? See the following... 

1. A person charged with a serious felony is likely to go to jail. By serious I am referring to any felony which involves violence. Judges are keen to "protect society." Violent felonies are those like aggravated assault, sexual crimes, murder, battery's, assaults with weapons involved.

2. Deterrence case-If you are a popular person in the community, sometimes the judge wants to make an example out of you and send you to jail to discourage others form the same conduct. 

3. Bad facts-if you have a case with egregious facts. Such as repeated sexual abuse with a child, throwing acid on some ones face, stabbing them in the eye, ect. The court may want to make an example of you.   

4. Flight risk-If you are at the pretrial stage, if you have ties to other places, the court may want to secure your attendance at court 

5. Some drunk driving classes-mandatory jail time is often the case on DUI's above a second offense.

6. Specialty Court sanction-many times a sanction in the specialty programs will land you in jail. Its best to do what they say! 

7. Probation Violations-A probation violation can land you in jail. The theory for the judge is if you can't follow the rules of probation, then you belong in jail. Jail is often the last resort, and probation is often seen as the second chance.

 

photo by:lawyersthatfightforu.com

How do you avoid jail? 

Hire a private attorney. Its a proven fact that their is a higher chance of avoiding jail if you hire a private attorney. Public Defenders are great and often more qualified! But many of them are confined to the same courtroom and must deal with the same prosecutor over and over. There is a lot of give and take in their relationships. You don't want to leave you case to chance. 

Also, make sure the attorney you hire has experience. Experience in the courtroom and courthouse is paramount to getting the best resolution. Try to look for local attorneys first. 

Additionally, follow the instructions of the attorney you hire the best you can. It will help you avoid jail. Do the classes and treatment. Many times prosecutors and judges want to see what you do not what you say! 

Visit us if you are interested or have a criminal case in or around Canyon County by clicking below

Travis Rice Attorney At Law