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Length in jail before being sentenced

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ErinLynn0014

Junior Member
What is the name of your state? CALIFORNIA


My question is: Does anyone know the length of time to be in jail while waiting to be sentenced? My ex is in jail and he has had his court date pushed back everytime. He has been in for about 13 months. He is in for importation of marijuana. I would appreciate some help on this, seeing as he has had his day in court rescheduled. Thanks a lot!
 


TYRIS

Member
ErinLynn0014 said:
What is the name of your state? CALIFORNIA


My question is: Does anyone know the length of time to be in jail while waiting to be sentenced? My ex is in jail and he has had his court date pushed back everytime. He has been in for about 13 months. He is in for importation of marijuana. I would appreciate some help on this, seeing as he has had his day in court rescheduled. Thanks a lot!
-If he has been in jail that long then he has obviously waived his right to a speedy trial. With that in mind, it is unknown how long he could be in jail. If the trial keeps getting postponed it is due to either his attorney or the DA. His attorney will know any court dates/ re-schedules and the "why". Your ex should ask his attorney.

-My question is why do you care?......seeing as how he is an ex?


Tyris
 

ErinLynn0014

Junior Member
TYRIS said:
-If he has been in jail that long then he has obviously waived his right to a speedy trial. With that in mind, it is unknown how long he could be in jail. If the trial keeps getting postponed it is due to either his attorney or the DA. His attorney will know any court dates/ re-schedules and the "why". Your ex should ask his attorney.

-My question is why do you care?......seeing as how he is an ex?


Tyris



Well, thanks for the advice. Appreciate it. The reason that I care is that we have a 4 year old son that needs him to be here and not in jail. Also, we are still great friends, and I care about what happens to him. Thanks for your help.

ErinLynn0014
 

calatty

Senior Member
There could be a number of reasons the sentencing date is being continued: the probation officer might need more time to write the probation report, the defense attorney might be investigating mitigating circumstances, etc. Better for everyone to take their time and be careful than to hurry. He gets credit against his sentence for all the time he spends in jail awaiting his sentence, so sentencing him sooner will not affect how soon he gets out.
 

ErinLynn0014

Junior Member
Thank you for the information. I understand that time in counts towards the sentence, just can be kind of irritating to have court dates rescheduled, seeing as it is about and 8 and a half hour drive down to where he is being held and driving that far for no court date sucks! lol But, thank you again for the information!









calatty said:
There could be a number of reasons the sentencing date is being continued: the probation officer might need more time to write the probation report, the defense attorney might be investigating mitigating circumstances, etc. Better for everyone to take their time and be careful than to hurry. He gets credit against his sentence for all the time he spends in jail awaiting his sentence, so sentencing him sooner will not affect how soon he gets out.
 

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