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Why is Alt. Sentencing not a state judgement of guilt prior to a hearing of any sort?

Carson City, NV |

Upon posting bail, conditions are you appear before the court on a given day to enter a plea. Sentencing, of any sort, prior to entering a plea denies due process. Your thoughts on a DUI with a B.A.L. of 0.04.

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You are not being sentenced at your next court date. That is simply an arraignment where a copy of the criminal complaint will be given to you or your lawyer. At that point, you decide whether to take a deal and set a trial. If you plead guilty to DUI or something less, or you go to trial and then lose, you will be sentenced, and not before. Sentencing is a long way down the road, and there must be a finding of guilt before that.

There are a ton of things that can go wrong in DUI. Hire private counsel. My office offers free consultations.


The phrasing of your question is confusing. If by alternative sentencing, you mean a deferred sentencing or stay adjudication, is a negotiation which does not require you to be adjudicated at all so long as you complete conditions and then the case is dismissed.

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I agree with my colleague.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


Your question is a bit confusing but I think you are asking about bail conditions prior to entering a plea. The court can set certain conditions if you are to be released. For a DUI, some judges put conditions such as not drinking until next court or not picking up new DUI cases. Not ever court puts conditions but they are usually done in conjunction with an OR release or bail release. Regarding your DUI, I suggest you set up appointment for free consult to carefully review the circumstances. Good luck.

The answer above is only based upon the limited information provided. The answer is limited and my review is likewise limited, and thus the response is not intended to be acted upon as legal advice. Although licensed in numerous states, I am currently only licensed to practice law in the state of Nevada. No attorney-client relationship is formed until you sign an attorney-client agreement with my office. Any information provided is for discussion purposes only and there is no attorney-client relationship formed. Only general legal information is provided. Each case is unique and accurate legal advise would require review of all details and documents for each specific case. It is possible that the comments here, while meant to be helpful, may in some cases not be complete or accurate.

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