QUESTION
How long can you be in jail without being sentenced?
Asked on Sep 24th, 2011 on Criminal Law - New Hampshire
14 ANSWERS
3 Awards
You have to be sentenced to jail. I think, what your mean is how long can they hold you without formally charging you 72 hours.
Answered on Jun 24th, 2013 at 12:22 AM
Jacob P. Sartz
My first advice is to retain a lawyer to assist you with this matter. If you need specific legal advice for your particular circumstances, please consult privately with an attorney. Speaking generally, the court has a lot discretion in terms of bond. While the court-rules provide guidance, appellate opinions are usually deferential towards bond determinations barring some unusual circumstances. Further, holds from other institutions or other pending charges may complicate the situation even more and hinder a person's ability to be released. However, there are some limits. If a person is waiting for a trial while incarcerated, then usually six months is often an important deadline. If a person is in prison and the prosecutor is waiting to file charges, then potentially the 180-day rule may be an issue. However, ultimately, if there are no prior holds or other circumstances which would limit the viability of a bond motion, filing a motion to reduce the current bond amount may be a way to increase the odds of being released until the next court-day. However, if the presiding judge is leaning towards a jail sentence, it may be very difficult to get a reduction in bond prior to sentencing.
Answered on Oct 24th, 2011 at 6:17 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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It will be indefinite.
Answered on Sep 28th, 2011 at 5:05 PM
There is no fixed time but a sentencing usually takes place within a month of the conviction.
Answered on Sep 27th, 2011 at 4:43 PM
You need to communicate with your lawyer, who (in consultation with you) decides when a particular hearing is set, based on your best interest. For example, if it is a serious felony, and you cannot make bail, you could be in custody for months or even year(s) so that your case can be defended properly (with your consent, of course).
Answered on Sep 27th, 2011 at 12:06 PM
Michael J. Breczinski
Once you plead to a felony the judge has up to a year to sentence you. If it is delayed longer than a year(without the consent of the Defendant) the judge loses the power to sentence. As to misdemeanors that cannot delay longer than th maximum sentence which is 93 days in many cases though it can be as long as a year.
Answered on Sep 27th, 2011 at 12:01 PM
A speedy sentencing law requires sentencing within 45 days of a guilty finding. The penalties for violating this are, however, nonexistent (unless, of course you are detained beyond the term of the sentence ultimately imposed).
Answered on Sep 27th, 2011 at 11:50 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Is it a felony? Has it been indicted? Has he pled guilty? Is he waiting on some kind of testing on the case? There is no way to answer this question.
Answered on Sep 27th, 2011 at 11:28 AM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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Indefinitely, however , speedy trial right must be waived by defendant in custody passed 30 days. If waiver withdrawn, speedy trial rights are put back in place.
Answered on Sep 27th, 2011 at 10:37 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You use the word "sentenced", which tells me that you have been convicted of the crime. Depending upon the crime to which you were convicted. If it is major prison time, then sentencing could be down the road a bit as this becomes a separate matter during which your attorney might try to sway the judge to enter a lesser sentence than that requested by the prosecutor. Putting this information together and getting any witnesses may take some time. I
Answered on Sep 27th, 2011 at 10:25 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No longer than the maximum jail sentence, unless you are being civilly confined.
Answered on Sep 27th, 2011 at 10:07 AM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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If you do you were not granted any bail. You will remain in incarcerated until your sentencing. I would need more particular information to answer your question in detail.
Answered on Sep 27th, 2011 at 10:06 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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That depends. Have there been charges filed? Has this person plead guilty? Are they just waiting on a sentencing hearing for a felony plea? Did they request an immediate sentence or is there some kind of restitution or victim issue that needs to be addressed? I would find it hard to believe that they were just being held without being sentenced AND at the same time, not have some reason for withholding the sentence pending more information or a sentencing hearing. This question is better asked to that person's attorney.
Answered on Sep 27th, 2011 at 9:58 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It depends if pre trial or post trial. Pre trial, generally 6 months unless a waiver of speedy trial has been filed. If post trial after a jury there is no limit except the maximum possible sentence.
Answered on Sep 27th, 2011 at 9:58 AM