Alternative Sentences: Can First-Time Offenders Avoid Jail?

The prospect of going to jail can impact someone’s career, relationships, and future opportunities, even before the jury issues its verdict. This can feel particularly overwhelming if you’ve never faced criminal charges before. However, Las Vegas’s justice system recognizes that incarceration isn’t always the fairest sentence.

Alternative sentencing programs allow eligible offenders to fulfill their legal obligations without spending time behind bars. Following is an explanation of each type of alternative sentencing, who qualifies, and how the process works in the Las Vegas criminal justice system.

What Is Alternative Sentencing in Nevada?

Alternative sentencing can be any court-approved program or penalty that offers alternatives to jail and replaces time behind bars. It focuses on rehabilitation and accountability rather than just punishment for criminal offenses. Alternative sentencing can also help an offender address underlying issues, such as addictions or mental health problems, that may have contributed to their legal trouble.

With alternative sentencing, an offender may be able to keep their employment and maintain their family responsibilities. However, they must abide by specific court-ordered conditions to stay eligible.

Types of Alternative Sentencing Options in Nevada

The specific types of alternative sentences in Nevada vary from county to county and city to city. Many Nevada counties have a Department of Alternative Sentencing that oversees probation, supervised release, and related programs. 

In Las Vegas, alternative sentencing is the shared responsibility of the Municipal Court and Clark County Justice Courts. These are some of the types of programs that they offer:

• Community service – Community service involves volunteering at a nonprofit approved by the Las Vegas Justice Court. Each hour of service removes $15.00 from a civil penalty, and no court order is required. However, different nonprofits may restrict someone from serving depending on the nature of their offense.
• House arrest – Offenders sentenced to house arrest are confined to their homes, work, approved medical appointments, and court-ordered programs. They must wear an electronic monitoring bracelet for the duration of the program and are responsible for paying administrative fees.
• Educational courses—The court may require an offender to enroll in a class that teaches them about the consequences of their actions and/or how to handle the factors in their lives that caused them to break the law. This could include DUI classes, traffic school, anger management training, or prostitution prevention courses.
• Suspended sentence – With a suspended sentence, a judge sets an amount of jail time but does not impose it. If an offender is arrested again or doesn’t meet the conditions of the suspension, the court may impose jail time.
• Deferred adjudication – Sometimes, the court delays sentencing while an offender is enrolled in counseling, educational courses, and other programs. If you complete the program, your charges could be reduced or even dismissed.
• Specialty courts – DUI Treatment Court and Drug Treatment Court are intensive rehabilitation programs designed to help offenders battling an addiction to alcohol or drugs. The Las Vegas Municipal Court also has specialty courts serving veterans, homeless defendants, certain young offenders, and defendants with mental illnesses.

Am I Eligible for Alternative Sentencing?

Your eligibility for alternative sentencing depends on the nature and severity of the charges. Usually, you can only pursue it for these misdemeanors if no serious injuries are involved:

• Simple battery
• Domestic violence
• Drug possession
• DUI
• Prostitution
• Shoplifting

Courts will consider these factors to decide whether an alternative sentence would be appropriate:

• Criminal history – If an offender has no prior convictions, they may be a better candidate for alternative sentencing.
• The nature of the offense – Alternative sentencing is usually not an option for violent crimes and felony offenses.
• Mitigating circumstances – The court may consider an offender’s familial obligations, employment, or ties to the community.
• The offender’s willingness to comply – The court is more likely to grant alternative sentencing to offenders who show remorse for their actions and commitment to rehabilitation.

Judges grant alternative sentencing requests on a case-by-case basis. Even if an offender has a good chance of qualifying for alternative sentencing, that doesn’t guarantee the court will order it.

How Can I Get Alternative Sentencing?

Nevada courts usually do not order alternative sentencing by default. While prosecutors may incorporate it into a plea agreement, defendants must ask the judge to consider it.

If your case is in the Las Vegas Municipal Court and involves drugs, alcohol, or domestic violence, the court must conduct a thorough evaluation to determine if you’d benefit from alternative sentencing.

What Happens If I Violate Court Orders?

You may be arrested if the authorities have probable cause to believe you violated your alternative sentencing conditions. If a judge finds against you in a court hearing, they may impose stricter conditions or revoke the sentence entirely, ordering you to serve the original jail time.

If you’re currently serving an alternative sentence, we strongly recommend you follow every element of the court’s order to avoid serious consequences. Attend all program sessions, meetings, and community service dates, abide by your probation terms or conditions of release, and do not commit any other offenses.

How Can a Criminal Defense Lawyer Help Me in Las Vegas?

The stakes are high for anyone facing criminal charges, and you should understand your legal rights and options during this time. An experienced criminal defense lawyer can represent you through all stages of the process, including:

• Determining whether you may qualify for alternative sentencing
• Building a case to show you’re worthy of alternative sentencing
• Attempting to negotiate a fair plea agreement with the prosecution
• Helping you understand and stay in compliance with court orders
• Defending your rights if an issue arises during alternative sentencing

Contact a Las Vegas Criminal Defense Attorney

The Las Vegas alternative sentencing attorneys of Adras & Altig understand that a past mistake shouldn’t define your future. Our team has several decades of combined legal experience building defenses for a variety of cases, from simple misdemeanors to high-profile incidents. We’re proud of our diligent, aggressive approach, but we also take the time to understand you as an individual, answer your questions, and offer support by connecting you to community resources. Contact our office today for a free case review with a Las Vegas criminal lawyer.

This post was originally published in December 2019 and has been updated for accuracy and comprehensiveness in February 2025.