Will I have to go to jail on my criminal charges?

How much jail time will I get?

You cannot answer this question with an internet search. Frankly, even your criminal defense attorney cannot guarantee on outcome in your case. Many factors affect whether you have to go to jail for a criminal case. First, you don’t get a jail sentence unless you are found guilty. You are only found guilty in one of two circumstances: 1. Your plead guilty; or 2. You are found guilty at trial. So, the first question you should be asking your defense lawyer is whether there is a good chance you can avoid being found guilty.The possible penalty depends on the level of charge – Felony vs. Misdemeanor.

If you are found guilty, then jail is only one of the possibilities in most cases. Very few, extremely serious criminal charges have mandatory prison time after a conviction. Most criminal offences allow for a plea bargain for probation or allow sentencing to probation (by a judge or jury).

Plea bargains are the most common way criminal cases are resolved. This does not mean your lawyer should recommend a plea bargain in your case. Every case needs to be carefully evaluated, and you need to consider the potential evidence and the potential risk. A lawyer cannot force you to enter a plea of guilty. However, your lawyer should be straight forward and honest about their opinion about any offers made by the State or offers you want to make in plea negotiations.

If a case does not result in a plea bargain, and the case is not dismissed, then the case will proceed to some kind of a trial. In Texas we have a bifurcated system of trial – meaning you are first tried on guilty / not guilty, if (only if) you are found guilty then you have a sentencing phase. Either part of this process may be decided by a judge or jury. Sentencing is just as complex and labor intensive as the guilty / not guilty phase. So, your lawyer needs to have a strategic plan and specific tactics to get you the best possible sentence.