Legal Question in Criminal Law in California
sentencing on felony drug case
My boyfriend was arrested for sales of meth he accepted a plea agreement from the DA of 4 years 4 months. He was given a date to return to court and be formally sentenced and taken into custody. On that date he had a medical emergency the court gave him an extension of several weeks twice. My question is this how long does the court have to pass formal sentencing and take him into custody as he still needs to have surgery to correct a life threatening condition in other words can he request and receive more time from the court to have this surgery?
1 Answer from Attorneys
Re: sentencing on felony drug case
The judge has a considerable amount of discretion in staying the judgment. A well written statement of his health situation, and present it to the court. This information will provide the court with evidenced of his present condition.
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