Legal Question in Criminal Law in Washington
grace period - sentencing
If convicted by a jury for felony burglary, would that client be taken into custody immediately? Or would there be a later sentencing hearing? Or, if not a hearing, could they be given 30 days to get affairs in order before reporting to jail.
3 Answers from Attorneys
Re: grace period - sentencing
The answer to your question depends in large part on the sentencing judge. Your attorney or you (if you represent yourself) can ask the judge for a delayed report date. The judge will look at number of factors, the most important of which, is whether the person is considered a danger to society or a flight risk.
If the court feels the person is not a flight risk or a danger to society, the court may be inclined to grant a short delay in reporting to jail.
Re: grace period - sentencing
It could be either. If a person is convicted and the Judge views them as a flight risk because of the sentence, they may be taken into custody immediately. That is the usual result in a felony case where prison time is likely.
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Re: grace period - sentencing
All possibilities you mention are allowed within the discretion of the judge. The other attorneys who answered are not washington attorneys but it sounds like the same considerations are made where u live, i.e., flight risk and danger to the community. If the prosecutor agrees ahead of time to continue sentencing and allow the defendant to remain at large than the judge will likely agree too. Contact me directly for more help.
At your service,
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