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How long can an inmate be held in a county jail before being sentenced?

Mariposa, CA |

he had a violation and has spent the time for that. he has been sitting in the county jail for 2 months now on dead time, waiting to go to a drug program which they now say he cant and r going to try to send him to prison? so how long can they hold him before they actually do something so he can get stuff going?

a parole violation. yes the court has charged him with possesion of less than a tenth of a gram of methanphediamines. the court told him he could go to the delancy house if accepted. he was accepted now the judge is saying that he may not get to go and may send him to trial and possibly 8 years in prison. hope this helps you answer my question. i would ask his lawyer but he dosent want to answer questions or help with anything.

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Attorney answers 1

Posted

A violation for what? Parole? Probation? Who is "they" that is trying to send him to prison? Does he have new charges? Has he been convicted in the new case?

With the confusing facts you've provided, it's impossible to give you a meaningful answer. His attorney would have all of the information and is in a much better position to answer any questions.

There are certain time periods for the courts to take action, but it depends on whether the case is a felony or a misdemeanor, and the stage of the case -- whether it is before a trial date, or after a conviction. If he hasn't been convicted yet, then he can't be sentenced yet. If he HAS been convicted of a felony, he has the right to be sentenced within 20 court days of the verdict or plea.

Asker

Posted

my gf is in jail she is charged for OBT CONTR SUBS BY FRAUD something that happened few years prior to meeting. witht the last bf. she is in jail and awaiting pretrial. the charge also shows this (DIVERSION CHARGE). what exactly is a diversion charge and why is she going to pretrial she has misdeamenor charges for battery but no felonys. this is first and its 4 counts with 125,000 bond she did have trafficking but that has been removed from the record i see on the pinellas county sherrifs inmate sheet. i am told that she is awaiting a drug program and that is why for the pretrial court since we do offer pretrial intervention as well as drug offender probration as a deterrent. if this is so then would she be placed on the drug program list at this pretrial and from that point how long could it take to enter the program and how long does the average program run? is any of this plausible

Robert Lee Marshall

Robert Lee Marshall

Posted

Pinellas County is in Florida, and I answered this question a year ago. You need to ask a new question in the Florida section of Avvo, where it will be seen by Florida lawyers. I cannot answer questions in states where I am not licensed to practice.

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