Sentencing is a bit more formal when you are convicted of a felony charge than a misdemeanor charge. In both situations, however, many LA County courts want to give out a waiver form, where you waive all your constitutional rights. It's important to understand that this is a serious step, as it can impact your defense and the outcome of your case.
Understanding and exercising your rights is crucial during the sentencing process. The judge will review your waiver form with you to ensure you comprehend all your rights, sign the document, and ask how you plead.
Whether you plead guilty or no contest, they will inform you that a no contest is the same as a guilty plea or at least will have the same effect. The only difference is that a no-contest plea can't be used against you civilly.
The difference between a misdemeanor sentencing and a felony sentencing is the punishment that's doled out. In a felony case, you will be put on criminal probation, have a probation officer to report to. This officer will monitor your compliance with the conditions set by the judge, such as community service or counseling, and can recommend changes to your sentence based on your behavior.
You will also lose the right to bear arms, your right to vote, and whatever other conditions the judge will put upon you. Those will be worked out with your attorney and the prosecutor. In misdemeanor probation, the judge will just put you on summary probation, which means you can't get into trouble or you will violate your probation.
You don't have to report to the probation officer or anything like that. Usually, the punishment is not so severe for a misdemeanor versus a felony.
What Is A Pre-Sentence Report In Los Angeles County?
Before you are sentenced, the probation department must provide a neutral pre-sentence report about you. This report offers a comprehensive view of your criminal record, the facts and circumstances surrounding the crime, and input from the victim, ensuring a fair and just sentencing process.
Lastly, the pre-sentence report will recommend what the probation officer thinks should be your sentence in a criminal case and why.
Ultimately, the judge will use that report as one of the considerations, in addition to what the prosecutor has to say and what the defense attorney has to say. Then, the judge will make up their mind. The pre-sentence report can be valuable because it gives the judge some background on you rather than just listening to what the prosecutor or the defense attorney has to say.
They can do an actual background check on you for the judge. This can be helpful to you, assuming that you get a probation officer who puts the time and effort into doing the report correctly.
Does The Sentencing Take Place Immediately When Someone Takes A Plea Offer?
Most of the time, it makes sense to sentence you at the time of your plea. That way, you can be put on probation or begin serving your time, and then the case is off the court's calendar. However, sometimes, for example, an individual will be sentenced to jail time and doesn't want to start jail time right now.
If that's the case, you can file a Cruz waiver, which asks the court to set your sentencing out 30 days. It's important to note that if you are charged with a new crime while waiting to be sentenced or don't show up at your sentencing hearing, then all bets are off. This means that the court can revoke your plea agreement and impose a harsher sentence.
If you've got a plea agreement for 180 days in jail and, in actuality, the crime you pled to has a three-year maximum, the judge can give you up to three years in prison if you violate a condition before you get sentenced.
It is possible not to be sentenced when you enter your plea. Some deals are made between prosecutors and defense attorneys, where someone pleads and intentionally doesn't sentence them so they don't get convicted.
They can essentially put that case over for a year, and then, when they return, they've done their community service and haven't gotten into any trouble. Then, instead of being sentenced for a felony or a misdemeanor, they can let them withdraw their plea and dismiss the case. This is called a called a diversionary deal.
