Repeat Offenses Don’t Always Mean Jail Time

Mandatory incarceration isn’t always served in jail

It is natural to catastrophize after an arrest in Pennsylvania. Imagining the worst possible scenario in stressful situations is, after all, human nature.

There are plenty of people who will tell you that you likely don't have to worry about incarceration if you don't have a criminal record and recently got arrested for a non-violent offense.

However, fewer people will be able to offer the same comfort if you already have a criminal record, especially if the prior offense was a similar charge to the one that you currently face.

After all, Pennsylvania increases the criminal consequences for each subsequent offense as a deterrent to stop people from reoffending. Is jail time inevitable if you get arrested for a second driving under the influence (DUI) or retail theft in Pennsylvania?

Much is still left to the judge's discretion

Occasionally, there are mandatory sentences that go along with specific criminal charges, but a judge holds the power to impose a sentence that aligns with their view of the situation. Additionally, even when someone faces a charge that might require a mandatory minimum sentence, it could be possible to work with the prosecutor to plead guilty to a different offense.

For example, someone arrested for impaired driving who has already pleaded guilty to a similar infraction once before might assume they would go to jail. A second DUI, for example, often requires a mandatory period of incarceration ranging from five days up to 90 days, depending on the facts of the case and the defendant’s prior record.

A requirement that someone serves a period of incarceration doesn’t always mean that that incarceration must be in a prison. In certain scenarios, that term of incarceration can be served on house arrest or at an in-patient rehab facility. Partnering with a criminal defense attorney could lead to a more favorable outcome, such as serving a mandatory sentence in the form of house arrest, as opposed to in jail.

The more effective you are at presenting your side of the story, the better your chances of avoiding jail time, even with a prior record. However, it is critical to work with a criminal defense attorney who will dig deep into your case, taking steps that other attorneys may not, to protect your rights.

Pleading guilty should never be the first option

Although those afraid of the worst-case scenario may simply want to move through the criminal prosecution process as fast as possible, entering a guilty plea is not always the best solution when facing criminal charges.

There is hope. Talk to a criminal defense lawyer about your arrest, criminal history, and legal options.

The information provided on this page is for informational purposes only and does not constitute legal advice nor does it create an attorney-client relationship.