Legal Question in Technology Law in California

Sentencing

From the time a person is convicted of a Felony in Fed court, what is the Maxium time between Conviction and Sentencing. Then from Sentencing to Jail?


Asked on 10/13/07, 4:09 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Sentencing

Hopefully one can arrange not to get convicted to begin with (hint: get a lawyer) and if convicted can get probation (supervised release). Depending on the circumstances reporting or being remanded to custody can be delayed even during an appeal. Sorry to not be more specific, but you didn't say what offense was charged, what stage the proceedings are at, or if the defendant is going to plead guilty or go to trial.

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Answered on 10/13/07, 5:02 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Sentencing

I would say you have asked this question under the wrong topic heading. LawGuru attorneys who know computer and technology law might also know the answers to matters covered by the Federal Rules of Criminal Procedure and decisional law relating to speedy trials as guaranteed by the Constitution, but that sort of thing is really in the province of lawyers that practice in the specialty of criminal defense, and to get an accurate answer you should re-ask your question under that heading.

I would say the time required for a sentence following the return of the guilty verdict could be anywhere from five seconds to five months. Factors that might influence the time would include whether it was a felony or misdemeanor, whether sentencing required a separate jury finding, the type and number of post-trial motions made by defense counsel, whether there were multiple offenses charged, whether there were co-defendants still awaiting trial, and several other factors, uncluding the judge's readiness or need to give the sentence further study,

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Answered on 10/14/07, 1:04 am


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