After being sentenced to 36 months on drug charges and haven been free on pre trial release do you get taken right into custody ? Or is it possible the judge will let you self surrender to your designated prison? I have heard yes and no.
I practice in a different Commonwealth (PA), so we'll both have to defer to responses from learned MA counsel on this question. In my experience Judges are willing to exercise some discretion in this area when presented with a pretty strong reason for deferring commencement of the sentence. The willingness, though is normally appears only with sentences to the local/county jail (sentences under 2 years) A sentence of 3 years would be a state sentence here to be served in a state correctional institution and would less likely find a judge being flexible. Usual procedure for a defendant in such a situation is to be taken into custody by the Sheriff housed in the County until the next bus to our state system's classification center. What has your attorney told you?
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