Legal Question in Criminal Law in California

How long can someone be held after arraignment awaiting sentencing in Tulare County CA? My brother has been to numerous court dates and has never been sentenced. He plead no contest and has been waiting for sentencing since march 01 2009 until present.


Asked on 7/28/09, 2:51 pm

2 Answers from Attorneys

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

I would fire your brother's attorney and get your money back.

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Answered on 7/28/09, 4:55 pm
Joe Dane Law Office of Joe Dane

The short answer is that they can be held as long as they agree and waive time. A person has a right to be sentenced in no less than 6 hours and no more than 20 days from their conviction or plea. Ordinarily, in a plea, since the person knows what they're getting, they waive that time and are sentenced immediately.

There may be a reason your brother's attorney is continuing the sentencing. You can't jump to conclusions that there's something wrong without knowing all the details, so advice to just "fire the attorney" are a bit hasty in my opinion.

Talk to your brother and ask what's going on. See if his attorney will let you know why it's being delayed. Go to the next court date and see first hand.

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Answered on 8/15/09, 11:31 am


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