After a Plea has been made, can the offender schedule when he wants to serve his punishment?

Question

After a Plea has been made, can the offender schedule when he wants to serve his punishment?. Here's the situation..The offender, the public defender, and the Prosecuting attorney have made a plea agreement (A Deal).. The Punishment will be for the offender to do bootcamp and probation. Bootcamp is for 3 to 5 months. The offender starts school (college) on AUG 16, 2006 and the offender goes for the last hearing to plea guilty for July 20, 2006...The offender doesn't want the bootcamp to collide with his schooling to where he won't be able to attend school because of the bootcamp. Is it possible for for the prosecuting attorney or judge to schedule his punishment to be served after his school year is up or will he have to serve his punishment after his sentencing court date comes up regardless if he planning on going to school in Aug...Please give accurate feedback.. Thank you

Answer 1

Its perfectly acceptable for the deal itself to include the terms of when / how the punishment will be served. You should talk to the DA and see about including an express stipulation that the boot camp be served after his first year in college.

You could try to get it worked out to be served after ALL his college... but the judge in every case is going to have some discretion as to whether or not that's acceptable, and will probably not allow any sort of deal where the "real" punishment is delayed that long. So the best you're likely to get is a one-year hiatus, maybe with a stipulation that the book camp be reduced somewhat if the boy behaves properly for a year in school. Probation would begin immediately after the deal is finalized, I assume.

It should also be noted that the kid is likely to get a pretty good earful from the judge about how lucky he is and about turning his life around at his sentencing hearing. Particularly since he'll probably be required to "allocute," which means he'll have to stand up and confess what he did and apologize to the court for it, prior to the deal being completed.

Answer 2

It is possible to make an arrangement with the DA and the judge, after explaining your school situation, to allow you to do the boot camp during the summer when you are not in class. They may or may not permit it. The important thing for you to realize is that IF YOU CAN'T DO THE TIME, DON'T DO THE CRIME!!! You put yourself into the situation where a criminal conviction may effect you for the rest of your life.

Answer 3

talk to the judge and the DA about it, they may be willing to work with you.

Answer 4

it is up to the judge