Normally, a judge will sentence a criminal convict with a penalty. The common penalties that come with a criminal conviction are looked at here. According to the Penalties and Sentences Act, the following things are considered when deciding the penalty or sentence for a criminal.
- Intellectual capacity, age, and character.
- Assistance provided by the convicted to law enforcement during the investigation.
- The effect of the offense on others.
- Any loss, injury, or damage caused by the offense.
- The seriousness of the offense.
- Nature of the offense.
- The need to protect the community.
- The importance of showing the community at large that such behavior is unacceptable.
- The type of punishment which would prevent the convicted from committing a similar offense again.
- If help is needed to ensure that the law is not broken again.
- The need to punish the convicted.
- Common Penalties and Sentences By the Court
The type of penalty or sentence that the court decides depends on the offense committed. It is possible to be given more than one penalty such as payment of a fine and probation. The convicted will be given a copy of the court order and should keep it in safe custody for later use. However, if anyone loses a court document, they may get a copy from the court. It is important to understand your penalty or sentence. If you feel that the order issued is unfair, you need to a justice attorney such as Ogden, Utah Criminal Justice Attorney to help you. The most common penalties and sentences are mentioned below.
The court may issue an order requiring you to pay a fine within a prescribed period. Failure to pay on time would result in default and might even lead to jail time. For instance, the magistrate can require a payment of $200 within a week or three weeks in jail. It means that you have to pay $500 within 7 days, or else you would end up in jail for three weeks. However, keep in mind that if you do not pay the fine on time, then you would not go immediately to jail. A notice will be sent by the court to SPER who has the authority to collect unpaid fines. If you cannot pay the fine, then an installment plan can be requested or community service.
The court may order payment of restitution to a victim of the offense. Restitution is paid to the victim as compensation for the injury, damage or loss caused by you.
Good Behavior Bond
The court may order you to sign a good behavior bond. It is a promise that one would not break the law for a certain time. A document known as a recognizance will be signed by you to accept that you are under an obligation to maintain good behavior for a specified time.
The document will also list an amount of money which would need to be paid if the law is broken while you are under the good behavior bond. A warrant might be issued by the court if you break the law and you might be arrested and taken to court for the original offense and a different sentence will be given.
The court can order to put you on probation. You must not break the law if you are on probation for a specified time. There will be certain conditions that will need to be met. The probation order is normally issued for a while such as 6 months to 3 years. It can contain any of the following conditions.
- Not to leave the state or county without the approval of the probation officer.
- The probation officer should be informed within 2 days of changing the address.
- To regularly be visited by and report to the probation officer.
- Report to the probation officer for sentencing at the community corrections office to commence.
- Not to break the law during the specified period.
- To follow each reasonable direction of the probation officer.
Community Service/ Mandatory Community Service
The court can order an individual charged with a criminal offense to do community service. Community service is unpaid work. You need to do community service according to the directions of the community corrections officer.
Moreover, one can only be put on community service in the first place if their corrective services officer is of the view that they are suitable to do community service. You have to agree to do community service. In some offenses, community service is mandatory. If a person does not meet the conditions set in the community service order, they would be charged with a breach of the order and will be sent back to court for a different sentence.
People convicted of a particular offense such as those that involve violence committed in a public place while being intoxicated may have to offer mandatory community service.
A banning order prevents you from remaining at or entering the following.
- Licensed premises
- An area that is close to the licensed premises (the distance will be stated in the banning order)
- Where alcohol is sold.
- Banning orders are passed by a court in the following situations.
- The court believes that the order is necessary for the good order of the licensed premises and to protect the area.
- The offense occurred on the licensed premises.
- When someone is convicted on an offense that involves threats of violence or violence to a person or their property.
Anyone found guilty of a serious offense or if they are a repeat offender may be sentenced to imprisonment for a certain period. It is not necessary to end up in jail, one can also be sent to a corrective center. Legal advice is important if you are found guilty of a serious offense. Remember, you still have rights if you are in jail. Anyone below the age of 17 would be sent to a youth detention center.