Overview Once a jury has issued a guilty verdict in a criminal case, a sentence must be imposed on the defendant.
Judges can deviate from the guidelines only when certain factors exist that justify a departure.
Except in the cases of mandatory sentencing, the judge has some discretion in deciding what punishment to impose. The most common punishments include fines, restitution, community service, probation and incarceration. The judge may levy these punishments in tandem. For example, he or she may demand that the defendant serve 60 days in jail, pay restitution and then undergo a year of probation. Fines Judges often levy fines as punishment for minor infractions.