Legal Question in Appeals and Writs in California

Felony conviction

If someone was convicted of a felony and given prison time, how long does it take to be incarcerated? If an appeal is submitted, does the convict still go to prison at the same time?

thanks


Asked on 7/17/02, 1:20 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Felony conviction

The convicted felon will normally be placed into custody as soon as sentence is pronounced, assuming he isn't already in custody at the time of sentencing (as most convicted felons are). The court has the discretion to give him some time before he has to turn himself in, but this is rarely done.

A pending appeal does not entitle the felon to remain free. It is one factor a judge might use in deciding to allow him to remain free for a while, but as I said this is a rare development.

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Answered on 7/17/02, 1:28 pm


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