Having a good job and a clean prior record would be considered mitigating circumstances. The whole purpose of punishing people for crimes should be to prevent recidivism, to introduce them back into society as productive members of society, and seek rehabilitation. It is often the case that this is a client’s first offense and their case has stemmed from an isolated incident. They have a job, they have a family they are caring for, and they are already a productive member of society. With that in mind, having a job or a clean record can play into the offer negotiated with the DA and the ultimate sentence in a case if convicted—whether or not time is spent in custody, on an ankle monitor, or on Sheriff’s Work Alternative Program. These factors can be considered as mitigating factors to penalties and often they can be used to secure Deferred Prosecution or Deferred Entry of Judgment resolutions – these are alternatives to convictions which lead to a dismissal after the client has made some effort to “work” for the dismissal (for example: staying out of trouble for 90 days, attending Narcotics Anonymous and then dismissing or staying out of trouble for 12 months doing community service and staying away from where the incident occurred). These are just two examples of a wide variety of resolutions that could be achieved with a skilled defense attorney, like the lawyers at The Nieves Law Firm, negotiating on your behalf.
How Does Having A Good Job And A Clean Prior Record Impact A Criminal Case?