my boyfriend has court tomorrow for driving after revocation.. he got arrested today and has court in the morning.. will they sentence him tomorrow? or will they just give him a bail/let him out on his own cog? he has over $1000 in unpaid fines, which is why they arrested him. i have a baby due in 2 days and im hoping they will let him out tomorrow so he can be there for us, and have him come back later to figure out his sentencing.. should he plead not guilty, so we can prolong the process?
No. His first hearing is a a hearing to set conditions of release and advise the defendant of the charges against him. He cannot be sentenced unless or until he is found guilty, either by plea or after trial. He would be wise to hire legal counsel
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They will not sentence him to anything today. They will only set bail and/or conditions of release. Because of his unpaid fines, the judge might want some kind of assurance that those will be paid.
You are welcome to call with questions: (507) 281-5872.
Good luck with the baby.
Under the modern rules of criminal procedure, it is not necessary to enter a plea at a pre-trial release hearing. It is likely that the court will order a bail amount of $1,000 or less, or conditional release without bail. It would unusual for a defendant to resolve a case with a plea agreement at such a hearing, and normally a bad idea. If he is convicted of Driving After Revocation, in addition to the probation, possible jail and fine; his drivers license will be revoked again for an additinal 30 days or more. So, many would try to avoid a conviction on DAR in order to avoid that. His lawyer may be able to help do that.
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