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More clearly, is the judge supposed to give his sentence the same day that the jury pronounces the accused guilty ?

Please, I don't want an opinion, I'd like a profesional one, it's for a big deal bet

Thanks

2007-06-17 16:49:06 · 5 answers · asked by Mouchie 4 in Politics & Government Law & Ethics

5 answers

It all depends on what state you're in. Otherwise, always consult a lawyer in your jurisdiction.

Currently, under prevailing US Supreme Court law, and many state constitutional requirements, sentencing is usually scheduled after a conviction, usually at least several weeks and in some cases several months after a trial.

The reason why is because the state department of corrections or the US Bureau of Prisons, depending on which court you're in -- state or federal -- prepares what is called a Pre-Sentencing Investigation Report or "PSI" for short. In the report they utilize what are called aggravating and mitigating factors when applying sentencing guidelines or sentencing laws to a conviction.

This also gives the defendant's attorney time to prepare his or her arguments in favor of mitigation of the sentence, usually arguing that the defendant should serve minimal time in prison, if any, or if there is some psychiatric issue, that the time should be served concurrent with time in a state hospital for the mentally ill.

There is no set time limit, but it usually takes place within 90 days.

Also, the defendant may be allowed to remain free on bail until sentencing and a report date is set, or the judge can toss the defendant in prison, and simply bring him or her back for sentencing.

2007-06-17 16:56:25 · answer #1 · answered by krollohare2 7 · 0 0

You know, I work in a court system so I think I can give you a pretty good answer. After you are found guilty you can be sentenced in a few different ways. You can ask to be sentenced at that time, the judge could want to wait around 30 days to think about it, or it could take months. It really depends on what kind of case it is and how prepared you are for the sentence that the Judge is ready to give. If you are trying to get a shorter sentence that the judge would give right away, then you would probably want to wait a while. I hope this helps you.

2007-06-17 16:54:41 · answer #2 · answered by Sexy Mama 2 · 1 0

my lawyer in colorado says about 4-6 weeks after the conviction

2007-06-17 17:05:01 · answer #3 · answered by mike d 2 · 1 0

That's a good question, and I'm also waiting for an answer!

2007-06-17 16:52:55 · answer #4 · answered by ? 4 · 0 0

i don'k know, but good question

2007-06-17 16:51:47 · answer #5 · answered by tinybabecrista 1 · 0 0

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