What sentences might I get in my criminal case?
Question & AnswerWhat sentences might I get in my criminal case?
If you're found guilty of a crime, a judge must you. The type of sentence you can get depends on:
- the crime you've been found guilty of
- the circumstances of the crime
- your personal circumstances
Some criminal offences have a specific type or length of sentence that must be given. These are called mandatory minimum sentences.
Depending on the sentence you get, you can have a permanent criminal record or a temporary record.
Talk to a lawyer or to understand the types and lengths of sentences you may receive if you or are found guilty after a .
Types of sentences
Before deciding to send you to jail, the judge should consider other possible punishments. A sentence can range from no jail time, such as an absolute or , or a , to having to go to jail.
If you're , you will not have a criminal record. But there will be a temporary record of your discharge for a specific period of time. At the end of that time, the record is automatically removed. You can be given:
- an and allowed to leave without any conditions, or
- a conditional discharge and required to follow conditions on for a up to 3 years.
If your sentence is not a discharge, you will have a permanent criminal record. There are different types of sentences that result in a permanent criminal record, including:
- suspended sentences
- conditional sentences
To remove the conviction from your criminal record, you must apply for a .
Usually when you're sentenced to jail time less than 2 years, you're also given a probation order. While on probation, you may have to follow certain conditions and report to a probation officer regularly.
You can be on probation for up to 3 years after being in jail, serving a , or receiving a conditional discharge.