Legal Question in Criminal Law in California
In California criminal law, once a no contest plea agreement has been entered (both felony and misdemeanor), would OR release continue until a sentencing hearing or would the defendant be taken into custody?
2 Answers from Attorneys
It can be either way at the judge's discretion. Often bail will continue (or OR will continue) until sentencing. There may be a Cruz waiver in place where if the defendant picks up a new case the original deal is off - their plea remains, but the agreed upon sentence is out and the judge can sentence them to whatever they feel is appropriate.
That all depends on how the deal was negotiated. Doing criminal law for over 27 years, we have done plea agreements where our client stays out of custody until sentencing.( Usually that's called a Cruz Waiver). It all depends on the charge, the client and the negotiated settlement. I hope that helps......David
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