Criminal Law Questions? Ask a Criminal Lawyer.
Was the license suspended for a DUI or Drug conviction or simply for financial reasons?
The State Attorney should not be seeking jail time, if this was your first, second or even third offense, if you came to Court with a valid license. If anything, they should be offering supervised or unsupervised probation. Jail is normally only sought if the person has failed to fix the problem. You also need to be aware that if you are caught driving on a suspended license, 3 times within a 5 year period of time, you could be a habitual traffic offender and lose your license for 5 years. Your public defender should speak with the prosecutor and show them you have a valid license. Then, see if they will be willing to place you on mail in probation, just to make sure you are behaving. If they still seek jail time, you can try and plea open to the Court and allow the Judge to impose the sentence. You can explain to him everything you are going through and see if he will sentence you to something other then jail.
It is part of a plea deal but they could seek other punishments as well.