Jail is not the expected outcome in every case. A first-time accused charged with a relatively minor theft or fraud may receive a non-custodial result, particularly where the loss is limited and restitution has been made.
The risk of imprisonment increases where the allegation involves a large loss, extensive planning, numerous victims, a prolonged course of conduct, a prior record or an abuse of a position of trust. The strength of the evidence and the possibility of avoiding a conviction should be assessed before any guilty plea or resolution is considered.