If the judge has discretion to determine the sentence, the defense may bring to a judge's attention an infinite number of factual circumstances that may move the judge to impose a lighter sentence. The following are examples of such circumstances (called "mitigating" factors):

• the offender has little or no history of criminal conduct
• the offender was an accessory (helped the main offender) to the crime but was not the main actor
• the offender committed the crime when under great personal stress; for example, had lost a job, was late on rent, and had just been in a car wreck, or
• no one was hurt, and the crime was committed in a manner that was unlikely to have hurt anyone.

  Just as mitigating circumstances can sway a judge to lessen a sentence, "aggravating" circumstances can compel a judge to "throw the book at" an offender. A previous record of the same type of offense is the most common aggravating factor. Other aggravating circumstances grow out of the way a crime was committed, as when an offender is particularly cruel to a victim. Sometimes, laws themselves specify aggravating factors, such as the use of a weapon.

Writs, like appeals, are complex and involve picky details. Defendants facing situations where they may be entitled to take a writ should consult counsel.

The procedure and organization of the juvenile court system is different from the adult system. After committing an offense, juveniles are detained rather than arrested. Next, a petition is drawn up which outlines the jurisdiction authority of the juvenile court over the offense and detained individuals, gives notice for the reason for the court appearance, serves as notice to the minor's family, and also is the official charging document.

Once in court, the juvenile case is adjudicated, and a disposition is handed down. Records from juvenile courts are sealed documents, unlike adult records which are accessible by anyone under the Freedom of Information Act. Like diversion, this measure is designed to protect the juvenile so that one mistake does not follow the juvenile for life. Juvenile records may also be expunged upon the juvenile's eighteenth birthday provided the juvenile has met certain conditions, such as good behavior. Juvenile court procedure is also far less formal than adult court procedure.

The disposition of a juvenile case is based on the least detrimental alternative, so the legacy of parens patriae is still evident. However, one major controversy in juvenile dispositions is the use of indeterminate sentencing, which allows a judge to set a maximum sentence. In such cases, juveniles are monitored during their sentences and are released only when the judge is satisfied that they have been rehabilitated or when the maximum time has been served. Critics argue that this arrangement allows the judge too much discretion and is, therefore, not the least detrimental punishment.

Bail is cash or a cash equivalent that an arrested person gives to a court to ensure that he will appear in court when ordered to do so. If the defendant appears in court at the proper time, the court refunds the bail. But if the defendant doesn't show up, the court keeps the bail and issues a warrant for the defendant's arrest.Bail can take any of the following forms:

• cash or check for the full amount of the bail
• property worth the full amount of the bail
• a bond-that is, a guaranteed payment of the full bail amount, or
• a waiver of payment on the condition that the defendant appear in court at the required time, commonly called "release on one's own recognizance" or simply "O.R."

As criminal courts become ever more crowded, prosecutors and judges feel increased pressure to move cases quickly through the system. Trials can take days, weeks or sometimes months while guilty pleas can often be arranged in minutes. Also, the outcome of any given trial is usually unpredictable -- but a plea bargain provides both prosecution and defense with some control over the result.

In theory, a plea bargain may be negotiated at any time after arrest. In practice, however, the time to plead depends on the court and the jurisdiction -- some jurisdictions allow plea bargains only during certain phases of the criminal process. In many other places, however, plea bargains can be worked out virtually any time -- from shortly after the defendant is arrested (before the prosecutor files criminal charges) up to the time a verdict is reached -- even during trial itself. Also, if the trial results in a hung jury (the jurors are split and cannot make the unanimous decision required), the prosecution and defense may (and often do) negotiate a plea rather than go through yet another trial.