When Does Sentencing Take Place After Conviction In A Criminal Case?

The law says they can’t be sentenced any sooner than two days or longer than 45 after a conviction unless there has been a waiver of rights. Occasionally, the court will give the client the option of when they want to be sentenced. Additionally, the judge will continue the case for sentencing because they want a pre-trial investigation done by a probation company. Then, they’ll set it out for 30 to 45 days in order to give everyone the opportunity to prepare that report. This is done when the judge doesn’t know that much about the clients. Even though, the prosecution might talk about how they’ve been mistreated by society, are turning their lives around, and this was a first offense they might claim it will never happen again in the future. However, the judge doesn’t know our case and they will rely on these pre-sentence reports. What the court would do is order the person to respond to the report provider. The provider would ask about their background, work history, social lives, and get a general sense of where they’re at to provide written information to the judge. Then, the judge has a background going into sentencing to help craft a sentence as he sees fit.

Sentencing can be done immediately if waived. However, it’s normally required within 2 to 45 days. The client can also waive that 45 day time requirement for certain circumstances. For example, if they’re going to be out of town.

Are There Any Things I Can Do Prior To Sentencing To Help The Outcome Of My Case?

There are things that a client can do before sentencing to help their case. Frequently, we’ll have them receive a drug and alcohol assessment from a court-approved treatment provider. Then, we’ll have them follow the recommendations of that assessment. Occasionally, we’ll get letters of character from their employers, their families, and church leaders. These are letters that let the judge know what kind of person the client is in addition to the pre-sentence report. They can include information about their ties with the community and the people they interact with; letters of reference are always good.

I’ve had my clients prepare these in advance. It shows the judge that they’ve taken the initiative here, they’ve been proactive, they’ve gone out and done community service. Do things like that with their acts and the information that are provided to the court will show what kind of person they really are. How they’re trying to change their lives so these sorts of things won’t happen again.

What Is Important For Me To Know And Understand If I End Up With Probation In My Criminal Case?

There are a few things that are important to understand if you are sentenced a term of probation. Frequently, if my clients plead guilty to or are convicted of a crime then they are placed on probation. It’s rare that the judge will give a jail sentence or send someone to prison unless there’s a history of bad acts. In probation, there can be what is referred to as a private probation. This is where a corporation or a business is formed that specializes in monitoring people that are on probation. Typically, what happens there is that they’ll require the client to check in with them at least once a month and pay a probation supervision fee of $30 to $50. The probation officer is going to check on them to make sure they are staying current on their fines, treatments, and complying with all court orders. If random drug and alcohol testing is ordered, then the client will have to go in and test at the discretion of the probation officer. They’re there to take the burden off of the court clerk and make sure that the individual is following through. If the client falls behind, misses an appointment, or has a positive test then the probation officer can file an order to show cause. That’s a request back to the courts to bring the individual client back in and say they violated the terms of the probation. That’s mainly, what to expect with private probation on less serious charges such as misdemeanor cases.

When felony-level cases are put on probation in Utah then a government agency called Adult Probation and Parole (APMP). They are a government entity like police officers and have law enforcement training. They can arrest you if they witness a violation of probation or have a reasonable belief that the individuals violated or haven’t complied with their probation. They can arrest them, take them to the jail, and schedule the Order to Show Cause with the court. That’s the difference between felony probation and state probation; the power to make an arrest and immediately take them to jail if there’s a reasonable belief of a violation of the probation.

Either way, a probation order is an order of the court and they take those orders very seriously. It’s expected that the client will have to follow through on all terms and conditions or they can be subject to going back to the court and have that probation revoked. The courts consider probation to be a privilege; you’re staying out of jail. If you violate that privilege, the judge has the power to put you back in jail for the original term of the sentence, if it’s 90 days, 120 days, or for five years in the prison; if you’re not complying.

I recommend immediately contacting the probation officer and trying to get most of the requirements done as quickly as possible because as time goes by people tend to forget about things and their lives change. If they forget to do one little thing they can end up back before the court. Get your fine paid off as quickly as you can, get through any treatment and counseling, and finish your community service; get it done, get it turned in. Then, all you’re left with is just checking in, staying clean, and not committing more violations of law. In a lot of cases, we can ask that probation be terminated early. I tell clients all the time, get the stuff done as quickly as you can, don’t have violations. Then, if it’s 18-month probation I’ll have them come and see me at nine or twelve months, I’ll check the record, and if everything’s done I’ll ask the court to terminate probation. That’s what I recommend when it comes to being on probation.

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