Conviction and Jail

[Mikhah]

What is the name of your state? OH

If you are convicted at your trial and given jail do you go then and there or are you given a date when you have to go (so you can make arrangements with work, school, etc)?

Thank you in advance.

[moburkes]

Originally Posted by Mikhah

What is the name of your state? OH

If you are convicted at your trial and given jail do you go then and there or are you given a date when you have to go (so you can make arrangements with work, school, etc)?

Thank you in advance.

Either can happen.

(edit)
I just thought about what you asked. You usually don't get sentenced at the same time that you get convicted.

[Mikhah]

Thank you. This is good to know. Everyone from friends, family to acquaintances in the FBI tell me not to sweat this, that - as an Agent told me - "Any judge with half a brain will throw this out," but I am the sort of person who has to make sure all of the bases are covered in the worse-case scenario that the system fails and I have to go to jail. It is good to know that I'd likely be able to finish up this semester and make arrangements for my family in my absense.

[moburkes]

Originally Posted by Mikhah

Thank you. This is good to know. Everyone from friends, family to acquaintances in the FBI tell me not to sweat this, that - as an Agent told me - "Any judge with half a brain will throw this out," but I am the sort of person who has to make sure all of the bases are covered in the worse-case scenario that the system fails and I have to go to jail. It is good to know that I'd likely be able to finish up this semester and make arrangements for my family in my absense.

Don't misunderstand what I wrote. You sometimes get a "break" because they have to schedule the sentencing. I'm not sure that you'll get an opportunity to complete a semester. You may only get a few week's reprieve.

[seniorjudge]

Originally Posted by Mikhah

What is the name of your state? OH

If you are convicted at your trial and given jail do you go then and there or are you given a date when you have to go (so you can make arrangements with work, school, etc)?

Thank you in advance.

[url]http://forum.freeadvice.com/showthread.php?t=360368[/url]

[url]http://forum.freeadvice.com/showthread.php?t=360116[/url]



Well, I hate to aid and abet serial posters, but since you didn't get any responses in the first two threads, I will help you out in this one.


You usually don't get sentenced at the same time that you get convicted.

In fact, judges often like to sentence the same time the perp pleads guilty. Of course, if there is a presentence investigation or whatever ordered, then the sentencing will be done later.



Also, anyone who tells you not to sweat this does not know what he is talking about.

No one can predict the future.

And...there are a lot of judges with less than half a brain out there....

[Mikhah]

That's what I said as well: "I have no reason to assume that the judge has even half a brain." Of course, I know the guy was trying to calm me down as I have been pretty freaked out by this whole course of events.

There will certainly NOT be a guilty plea from me unless my attorney advises me that I'm 100% screwed and should plea bargain; in which case I will go away fairly bitter. I am not only asserting that I did not do the crime, I am asserting that I have never even SEEN the people who are accusing me. I literally will not even know what these people look like until I see them in court.

I thank you for your advise, and I tend to err on the side of paranoia. So with a not guilty plea, you are seemingly confirming that it is likely that I would be given time before having to serve a "worst-case-scenario" sentence? Forgive me if that sounds redundant, I just want to make absolutely sure that I understand what you are saying. As well, please forgive the duplicate posting. I figured I would get better responses here if I narrowed it down and shifted to the most important question.

Thank you again!

[seniorjudge]

So with a not guilty plea, you are seemingly confirming that it is likely that I would be given time before having to serve a "worst-case-scenario" sentence?

I am getting misquoted a lot lately.

I am not confirming anything...seemingly or not.

If you plead not guilty, then you have a trial.

Don't expect me to tell you what will happen. Hey, I thought OJ was guilty!

[Mikhah]

Sorry about that. Yes, I already have a trial date set. I'm just trying to gauge the worse-case for what happens if found guilty. There are three people saying that they saw me do something that I didn't do. They all - not coincidentally - know each other. In my favor, the initial police report says that they did not see me do anything but walk past their cars in a parking lot and get into my van. They said - in that report - that they "believed" I was the one that keyed their cars (based upon their "belief" that I was some guy who they got into an argument with; a guy with dark hair, which I do not have, nor did I have any hair at all at the time).

Anyway, thank you for your help and sorry for misquoting you.