Let me skip right to the punch line, I don't have the answer to this question - it depends on a lot of factors.
But, I CAN give you a lot of insight into how this question will probably be resolved, based on years of experience. That will help you have an idea of the situation that you're facing.
** IF you prefer VIDEO, I have included a quick video at the bottom of this page.
Go through the following five questions below. If you answer yes to these questions, then, more likely than not, the prosecutor will be seeking incarceration. That does not mean that you will actually have to serve a day in jail.
There have been cases where every answer below could be a "yes," and the person still does not go to prison. On the other hand, there have been situations where someone could answer "no" to every question below, and still end up in prison. These questions are just some guidelines to be aware of.
- Question 1: Have you been arrested before? If you have a lot of priors, or you have been to prison before, then that's definitely going to weigh against you, and make it more likely that the prosecutor will be seeking incarceration.
- Question 2: Are you charged with a violent crime, or a crime that resulted in someone being injured? A "violent crime" includes homicide, shooting, burglary, robbery, assault and battery with a dangerous/deadly weapon, etc. The list of crimes that are defined as being "violent" is found HERE. If you are charged with a violent crime, it is more likely that you need to be concerned about jail time.
- Question 3: Are you charged with a high level drug offense (not simple possession of CDS)? If you are charged with trafficking or manufacturing CDS, it is more likely that you need to be concerned about jail time.
- Question 4: Are you charged with a SVU (special victims unit) crime? SVU crimes include sex crimes (rape, sexual battery, etc.) and crimes against children (lewd acts with a child, child abuse/neglect, child pornography). SVU crimes are often treated more seriously than other charges.
- Question 5: Are you currently on probation/parole? You have a lot fewer rights and leverage if you are currently on probation for another case.
Again, answering yes does not necessarily mean that you will have to serve any time in jail. This is just a starting place for things to consider. There are lots of other factors that will be involved. For example, how strong is the evidence against you, did the police follow the relevant laws and procedures, etc?
Regardless of your answers to the above questions, you can start doing some things NOW to improve your chances of staying out of jail!
- First of all, don't get into any more trouble! No more drinking, No more drugs, You are a choir boy (or girl) from here on out.
- Make sure you come to all your court dates, be on time, and dress and behave appropriately. Missing court is the fastest way to land in jail.
- Hire a great criminal defense attorney! Check out this page for info on this topic, https://www.fassiolaw.com/top10tips/
- Take classes, do community service, anything to show that you are willing to do what it takes to make the situation better.