Q: presumption in favor of court to impose a prison sentence does the judge have to send someone to prison or can he give c
A: If there is a presumption in favor of a prison sentence, which occurs in all F1 and F2 cases, and under limited circumstances in an F3 case, the defense attorney is given the opportunity to rebut the presumption (to argue against it) and the prosecutor may respond in favor of prison. If the judge is convinced prison is not appropriate after the argument, the judge may impose a community control sanction instead of prison or jail time.
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