What Happens At A Sentencing Hearing In Los Angeles?
At a sentencing hearing, the judge or the prosecutor, depending on the courtroom, will take your plea. Often, they have you sign a written waiver of all your constitutional rights.
The judge will meticulously discuss all your important constitutional rights, ensuring that you fully understand them. You will sign the form only after your lawyer has provided you with a comprehensive understanding of the implications.
Then, the judge will take your plea. If you get probation, all the terms and conditions will be explained, and you will be sentenced.
If you are sentenced to jail, you will typically be taken into custody. A new court date, called a progress report, will be set to ensure that you are fulfilling all your obligations.
How Long Does The Los Angeles Sentencing Hearing Take?
How long your sentencing hearing takes will depend on how many counts or how many charges you plead to, how complicated the sentence is, and whether there are multiple defendants in the case.
If it's just you and not a highly complex case, the sentencing should take at most five minutes. Different judges have different ways of doing things.
Some judges are more to the point, while others are more concerned about not making mistakes. For example, if they improperly send someone to prison with the wrong sentence and language, the state prison will send the case back, send them a letter, and tell them they need to re-sentence them. Judges find this embarrassing.
Will I Be Taken To Jail Immediately After My Sentence In LA County?
If you are sentenced to jail time, you will not necessarily be taken immediately. Often, your sentencing attorney can ask for more time from the judge to get your affairs in order. Usually, the judge will give you at least a couple of weeks.
However, if it wasn't part of the deal and this particular judge has a policy of taking a person into custody right away, then you will be taken into custody right away to begin serving your sentence. Most judges are quite reasonable and will give you some time to prepare.
What Does A Judge In Los Angeles Consider When Determining My Sentence?
The judge will consider several different factors when deciding the sentence. Most of the time, the sentence is decided by the prosecutor and the defense attorney, who get together and negotiate the case. The defense attorney's role is to advocate for the defendant, ensuring their rights are protected and presenting any mitigating factors that could influence the sentence.
If it is a situation where the judge will be the one deciding what the ultimate sentence is, they will look at the pre-sentence report. This report is prepared by a probation officer and includes information about the defendant's personal history, criminal record, and the circumstances of the current offense. The judge will also consider the person's prior criminal record, and what the person did in this particular case.
The judge will also consider the impact on the victim in the case. The more serious the effects on the victim, the more likely the judges will punish them harshly, ensuring that justice is served.
