Will I go to jail?

Like most things in the law, that depends.  A term of incarceration can be very problematic for several reasons, including missed work and depraved conditions. There are many alternatives to a jail sentence, including Sherriff’s work crew, community service, electronic surveillance program (ankle bracelet), alcohol monitor, and day jail…

Whether you must actually serve time locked in jail cell depends on your criminal history and other factors. People with no prior criminal history can usually avoid jail and do road crew. When someone has prior similar convictions the prosecutor will often ask for a jail sentence. Eugene Municipal Court has a contract with Springfield Jail and will often send people there, however that jail is only for men.  Lane County Jail is often at capacity and alternative programs are encouraged.

A felony conviction is punishable by a year or more so in that case a person may go to prison rather than local county jail and would want alternative incarceration programs and good time. Felony sentencing is based on the Oregon Felony Sentencing Guidelines grid which assign a crime seriousness to each crime on one side of the axis and the number of prior person misdemeanors or felonies on the other grid axis. Downward departures from a grid sentence can sometimes be negotiated.  If one is convicted of a Measure 11 crime then the judge has no discretion in the length of prison sentence and no programs or good time are available.