Could you opt to go to jail and avoid paying fines and /or doing community service?

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1. Licensed in IL

   

   Donald RamsellPro

   Wheaton DUI / DWI Attorney

   Contributor Level 14

   

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   Answered June 23, 2009 11:45. In Illinois, you do not get to 'opt out' of jail. The judge decides the sentence, and your attorney will often negotiate a sentence with the prosecutor to avoid jail. However, if the law requires a mandatory jail sentence, then there is no such thing as 'opting out'.

   • Naperville DUI Attorney

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2. 

   Robert Tuthill

   Houston Juvenile Law Attorney

   Contributor Level 14

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   Answered June 20, 2009 21:47. Generally, yes. Under normal situations, defendants will have the option of serving a jail sentence instead of taking probation. Defendants can also normally sit out their fines in jail rather than pay them.
   
   There may be some reason why this wouldn't be the case in Illinois, but i doubt it.
   
   Good luck!

   • Robert H. Tuthill

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