Legal Question in Criminal Law in California

Re: Sentencing hearing, reporting for sentencing

First, don't worry. You won't be going into custody any time soon unless you mess up. The sentencing PROCESS will begin immediately after you plead guilty, but that process will take at least several weeks, and may take several months.

Are you in Federal or State court? From your terminology (pretrial officer) it sounds like federal.

Either way, if you are just now pleading guilty, it will be at least several weeks before you are sentenced - more like three months in federal court. If you are on pretrial supervision, the judge has already decided you are not a flight risk and not a danger to the community. If you are complying with the terms of your pretrial supervision, and are pleading to a white-collar crime, there is no reason for the judge to put you in custody until you are sentenced. And if you continue to behave yourself and stay out of further trouble, most federal judges will allow you to stay out several more weeks after sentencing, and "self-surrender" to your designated institution on a particular date.

It sounds as though you are not getting much advice from your PD. This is not unusual - most PDs are dedicated and hardworking, but EXTREMELY overworked. They just don't have time to give you and your case the attention you deserve. An attorney who is experienced in sentencing matters can often make a good deal of difference in the amount of time you get. These services can be surprisingly affordable. If you are only looking at a maximum sentence of a year or so, it might not be worth it, but it still costs nothing to ask. Most attorneys will give you a free consultation to see if they can help you (I will, for instance).

If you are facing a fairly short sentence in federal court, you should know a few things: for instance, if your sentence is sixteen months or less, the judge CAN, if he wishes, give you a "split sentence": half in home confinement and half in a "halfway house", with no actual prison time. Also, if you are getting one year, you need to ask for a year and a day, because then you will be eligible for the 15% credit: on a one year sentence, you will serve 365 days; on a sentence of a year and a day, you will serve just under eleven months.

There are many other things you should know which will make your prison stay (if your get one) much more tolerable.

Best of luck!

Re: Sentencing hearing, reporting for sentencing

Thanks for your posting. If you have a public defender representing you, you really should discuss this with him or her.

Most judges realize that persons going to jail need some time to get their personal affairs in order, make work arrangements, pay their mortgage, etc., so I know personally, I always ask judges for 30 days before my clients have to surrender. I've rarely been denied such a request.

Best of luck, and I hope this helps.