When you are charged with a crime, you usually have to appear in court for arraignment in order to plead guilty or not guilty. However, the arraignment does not have to happen at the time that you are charged.
Many people wait until their arraignment to hire a lawyer. If you haven’t been sentenced yet, you have up to 90 days after the arraignment to hire a lawyer and ask the court to get a sentencing hearing, which is the same as an arraignment, but without the pleading.
A few members may be wondering how long after arraignment is sentencing. The short answer is that it is usually within 3-4 months. But depending on what happens at the arraignment.
If you’re confused about how long after arraignment you’ll need to be sentenced, this blog is for you. The arraignment is the first court appearance for a felony case. Sentencing is when an action is put in place to punish someone for their crime. In most cases, the sentencing will happen after the arraignment. This blog will go over how long you’ll need to be sentenced after arraignment.
What Is Sentencing?
Sentencing is the process of determining punishment for a person convicted of a crime. A judge will sentence a person after the arraignment. Depending on the circumstances of the crime, the sentencing can take a couple of months or even longer.
For a misdemeanour case, the defendant will be allowed to pay a fine and be released after being convicted. It is known as deferred adjudication. Felony cases are different. They will require the defendant to spend a few months in jail.
The judge may also order the defendant to serve the remainder of the time behind bars. If the judge does this, they will order the defendant to serve at least half of the sentence.
Despite the fact that the plea hearing and sentencing may take place minutes apart, they are technically two independent events. The punishment is only made official through sentencing, which also begins the clock on jail time, probation, expungements, and other punishments.
Although the sentence has not yet taken place, the offender is not yet “convicted” for the record if they have pleaded guilty or have no contest.
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What Is An Arraignment?
Your first court appearance is called an arraignment. Before you are released after your initial arrest, this may or may not occur. If you were granted bail, the money you post assures that you appear in court on the day of your arraignment. You will spend the time before your arraignment hearing in jail if bail was not offered to you or if you rejected it.
There are different ways of going to court. One is called an arraignment. It is when a person goes before the judge and pleads guilty. They are asked to plead guilty or not guilty. It is a formal proceeding in which the charge is read to the accused. The judge asks the defendant questions to check if the defendant understands the charges and what they are being charged with.
If the defendant is pleading not guilty, the trial proceeds. The court may dismiss the charge or ask the prosecutor to offer evidence. The judge then listens to the evidence. After the judge decides the case, they will explain the sentence and impose it.
How Long After Arraignment Is Sentencing?
It is difficult to forecast because it relies on the specifics of the case, the defendant, the accuser, the accuser’s lawyer, the defence lawyer, the judge, the court’s schedule, and other factors. In most cases, the defendant won’t even get another hearing after being prosecuted for at least a month, if not longer. It can be months before the case goes to trial.
It might not be possible until at least after the hearing set following the arraignment, even if the defendant wishes to wind up the case quickly by pleading guilty and receiving punishment. In exceptional circumstances, the prosecutor, defence attorney, and the court may agree to a hurry-up plea and sentence.
Whether or not you are detained while awaiting sentencing, you are probably anxious about the length of the detention. You need to finish the following tasks between your arrest and your sentence date:
- Consult an attorney about your case.
- Start constructing your case.
- Decide on your pleading strategy.
- Note the dates of your scheduled hearings.
The accusations you’re facing, and the court’s timetable are just two of the numerous variables that affect the precise timeline. However, the United States Constitution does guarantee that you will receive a quick trial.
All defendants must appear in court within 30 days after their arraignment or if they are already in detention, their entered plea. You can anticipate a court date within 45 days following the arraignment or plea if you are not already in detention.
When to Expect Sentencing in a Felony Case
You have been arrested for committing a felony offence. You have been taken to jail, and you have been charged with a felony. Now, you need to know when you will receive sentencing. You will receive a trial. A trial will include a jury. The sentence you will receive is usually based on the jury’s verdict.
In most cases, you will receive a sentence of 1 year to life in prison. However, the judge will have the authority to make a sentence longer. They may impose a 10-year sentence as long as the judge has considered all the evidence.
At the preliminary hearing, the district attorney will present every piece of evidence they have in their possession against the defendant. A preliminary hearing must be held for defendants within 10 days of their initial arraignment. Although this right might be waived, your preliminary hearing needs to be set up within 60 days of your arraignment.
Additional dates for felony cases may include an informational arraignment or informational hearing. Due to this, it may be advantageous to consult with a skilled criminal defence attorney while you plan for your arraignment and sentencing dates.
Your attorney will not only work to ensure that you are granted the right to a prompt trial but will also guide you as you weigh your legal choices. As long as you have an experienced attorney on your side, navigating a criminal defence doesn’t have to be challenging. In essence, it is impossible to determine when sentencing will take place after arraignment.
Final Thoughts
We hope you enjoyed our blog on “how long after arraignment is sentencing”. It can be hard to track the time between those initial arraignments and the sentencing, especially if you have a lot on your plate with other tasks that need to get done.
We are here to tell you that everything is not always as easy as it seems. We hope that by reading our article, you will now be able to track when sentencing will happen and what you need to do to prepare. Thank you for reading our blog post, and we hope you learned what you were looking to find out.
