DO you go straight to jail from court on your sentencing court date

Asked almost 3 years ago - Seattle, WA

if you plead guilty to crimes you comitted do you do the max for what the prosacutor is asking for.

Attorney answers (4)

  1. Todd Jason Allen

    Contributor Level 10

    Answered . Sometimes a person does go straight into custody when they are sentenced. Other times, they are given a commitment date at which time they need to turn themselves in. It depends on the type of charge and the circumstances of the case.

    As far as what kind of sentence you receive, the judge has the authority to sentence you to anything within the standard range for the crime of which you are convicted. Often, the judge follows the prosecutor's recommendation. But the judge doesn't have to and sometimes they go above or below what the prosecutor is asking for. Again, it all depends on the circumstances of your case. If your lawyer and the prosecutor have worked out a plea agreement, it is likely the judge would follow the sentencing recommendation.

  2. Erik P. Kaeding

    Pro

    Contributor Level 10

    Answered . It depends. Usually, if you are being sentenced to a prison term for a felony conviction, the answer is yes. If you are being sentenced to less than 12 months and will be serving a jail term, whether felony or misdemeanor, you will be given a report date, unless you are in jail already at the time of sentencing.

  3. Kris R. Jensen

    Pro

    Contributor Level 11

    Answered . If you are given a felony sentence of more than one year, the sentencing court technically loses jurisdiction over "your person" and is commanded to remand you to custody right away. Occasionally judges will make an exception in spite of that law, but don't count on it.

    In other cases such as misdemeanors it's negotiable and you'll typically get a report to jail date about two or three weeks later. If you can't get an agreement with the prosecutors before the sentencing, then it will be entirely up to the judge.

    JensenLegal.com (206) 617-9173

  4. Blake Nathaniel Dore

    Pro

    Contributor Level 13

    Answered . One last thing: If you are out of custody on a bond and you are convicted of a felony, the bond is automatically exonerated. You would need a new bond to remain out of custody. You should talk to your bondsman and your attorney about how to get a new bond ready so you don't have to go into custody.

    Please don't consider this free information to be legal advice. If you want legal advice, you should retain an... more

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