If there is a jury trial and a guilty verdict for misdemeanor DWI, does the state have a time frame to give its sentence or punishment to the defendent?
Is the state required to sentence the defendent within a time frame set by the law? Or can it carry it out forever like it does it's trial dockets???
The answer to your question like all of your other questions, depends upon who you elected to be the trier of fact for the punishment stage of your trial.
The punishment stage of a trial is a seperate and distinct trial that only occurs AFTER a jury has convicted a defendant. This trial may or may not consist of witnesses or expert testimony, background and other character evidence of the defendant. Punshment maybe decided by either the judge or the jury. Your attorney is the person to help you decide which is the correct choice for your case.
In the event you elected to have the jury to assess punishment, most courts will schedule the punishment phase with the same jurors from the guilt innocence stage to begin either the same day as the pronouncement of conviction or within a day or two.
If you elected for the judge to assess punishment, the judge may order the probation department to complete a Pre-Sentance Investigation Report. This is a detailed social and cognative history report for the judge to review. The defense will be offered a chance to review this packet and to present additional evidence, if they choose. Again these are details for you and your attorney to discuss BEFORE trial.
The judge usually will recess the trial for anywhere between 60 and 180 days for a Pre-Sentance Investigation Report to be compiled.
I have been watching the series of questions you have posted about Judge Gray in Comal County. Either you and your attorney did not properly discuss these issues BEFORE trial; You did NOT ask, or you are a family member and NOT the defendant who was told to butt out. Either way you need to know that Judge Randy Gray is a very through and methodical judge. Especially in DWI 2nd case. Judge Gray is well respected because he makes it very clear to everyone that HE is in charge and will NOT be rushed. HE will ask questions and HE will not tolerate bull crap. Now especially on DWI-2nds Judge Gray will often order a probationer in to HIS DWI Accountability Court which is an intensive reporting and monitoring probation court. Judge Gray's rationale is that he is trying to stop a DWI Defendant from getting a 3rd DWI or dying of alcoholism. Judge Gray will use ignition interlock orders, SCRAM ankel monitors, weekend jail, intensive counseling, drivers license suspensions or ANY other means he feels necessary to try and help someone learn to control their alcoholism. His methods may be tough, but they work.
Now ultimately if someone who has been convicted of DWI-2nd in Comal County and sentanced to the Accountability Court does not want to co-operate with Judge Gray, both Judge Gray and Judge Stephens have made it clear they will revoke that persons probation and sentance him or her to at least 250 days or more in the Comal County Jail.
I hope this answers your questions, in the future the correct thing to do is speak with your lawyer FIRST, foremost and often.
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