Will I Go To Jail on my First Offense? Maybe.

There’s a first time for everything — including getting in trouble with the law. If you find yourself on the wrong side of the law for the first time, you probably have a lot of questions. One question you might have is whether or not you’re going to jail. Could you go to jail on your first arrest? The answer isn’t a simple ‘yes’ or ‘no,’ unfortunately.

Jail vs Prison

In most arrests, the first place you’re taken by an officer is jail — where you either stay until you’re bailed out or you’re released on your own recognizance. However, in some cases, you may be arrested and cited by a police officer — but then released. This is called a “cite and release” arrest, and many states in the U.S. implement these types of arrests for certain low-risk crimes. For example, in the state of California a police officer will cite and release you on the promise that you’ll appear in court in association with the charges you’ve been given. If it is your first offense and you’re accused of a low risk misdemeanor, you may be cited and released without going to jail, but it depends on a number of factors including your jurisdiction, your age, etc.

Unlike jail, prison is a destination reserved for those who have been convicted of a crime — in particular, a felony. Prison is not the same thing as jail, though some people use the two terms interchangeably when talking about incarceration. Meanwhile, some states may even sentence you to extended jail time for some misdemeanors.

First time offender status

If you’re currently awaiting trial on gross misdemeanor or felony charges, you could be facing a jail or prison sentence. If this is your first time being convicted of a crime, you could be given lenience based on your status as a first time offender. However, this depends on a variety of factors. For example, the severity of the crime you’ve committed will greatly determine the type of sentence you receive. Violent crimes that result in death, sexual assaults, some drug charges and armed robberies could come with prison sentences regardless of your status. Furthermore, some states have mandatory sentencing laws on certain felonies, which prevent first time offenders from receiving any kind of leniency.

If you’re a first time offender who has been convicted of a gross misdemeanor or felony, you might be able to avoid prison time in exchange for other types of sentencing. Some jurisdictions offer various types of probation as well as other sentencing programs that require adult education classes, community service and the payment of fines instead of imprisonment. In some cases you may even be put on felony parole without ever stepping foot inside a prison or jail. While these options keep offenders out of jail, they can be rather strict, and even difficult to follow. Some forms of sentencing may require that you maintain full time employment as well as the fulfillment of community service hours and court ordered therapy or anger management. Meanwhile, it’s difficult to find a job when you have a criminal record, and it’s hard to keep a job when you have to also make time for various court-ordered appointments. Violating the terms of your sentencing, when you’ve already been given leniency as a first time offender, could fall back on you harder than if you’d been sentenced to jail in the first place.

A good attorney might keep you out of jail as a first time offender

Obtaining a good attorney, or staying in close contact with your appointed public defender, could help keep you out of jail. Remember, their job is to do the best job they can to represent you in court. A good attorney will know all of the proper motions to file and which requests to make on account of your criminal history — or lack thereof.

No guarantees

There are many factors considered when a judge hands down sentencing in a case. Being a first time offender isn’t an automatic guaranteed “get out of jail” card. It’s true that there are many alternative routes of sentencing for first time offenders, and many judges prefer these alternative sover jail. However, not every judge is lenient and not ever situation calls for leniency. If you’ve committed an especially heinous crime as your first offense, you’d be foolish to expect a lighter sentence or no jail time. Convictions of murder, assault with grievous injuries or other highly violent crimes will land you in prison most of the time, regardless of your status as a first time offender.

The only way you’re guaranteed to stay of jail, is to stay out of trouble. And if you’re lucky enough to get leniency from the court as a first time offender, it’s even more important to stay out of trouble. The difference between a first time offender and a repeat offender, is just one more arrest.