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  1. #1
    Join Date
    Jan 2007
    Posts
    11

    Default Held vs. Sentenced

    My state is California. How is it possible for a judge to order someone held in county jail for 6 months without being sentenced, and then have them brought back for probation? This is for a non violent, white collar crime. I realize it's the judge's way of beating the early release of an inmate from county due to overcrowding, but I'm just wondering is this legal; is there any way around this; and is it possible, if you are not sentenced, to be "kicked out" anyway due to the overcrowding? Or, when one is in county this way, can you apply for work release or electronic monitoring and bypass the must do.

    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Held vs. Sentenced

    You need to explain this better. For example, somebody might be held pending trial if they are unable to post bail.

  3. #3
    Join Date
    Jan 2007
    Posts
    11

    Default Re: Held vs. Sentenced

    I'm sorry, I should have been clearer. First I was out on bail almost 2 years ago, and then as time passed on through many continuances, etc., on my own recognance. During that time I plead guilty, with a plea deal in place. Then when it came to the sentence time, the judge, after my attorney fought for my plea deal to be upheld (which it wasn't - I posted in another category) first the judge wanted to give me state prison, which I think was something he knew my attorney wouldn't let go without a fight because I did pay restitution, and there was a deal in place, then he landed on 6 months in county but not sentenced - so must serve - and then back to him for probation. My attorney did file a motion to change plea today and go to trial, but after paying 50,000 restitution and not expecting to go to trial due to a prior 10 years ago, that's not the direction I wanted to go in, but I will. Again, I was just wondering how he could hold me all time in jail without sentencing me, and if there was a way around that. Thank you.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Held vs. Sentenced

    I don't understand this either. You don't appear to be in jail.

  5. #5
    Join Date
    Jan 2007
    Posts
    11

    Default Re: Held vs. Sentenced

    I'm not in jail yet. I think I mentioned in one of my posts, the judge gave me 2 weeks from last Thursday to "get my affairs in order" since I have a family, and then I'm supposed to turn myself into the court to be taken into custody and start serving the 6 months must and then come back to court to be given a sentence of probation, unless he allows me to change my plea and go onto a trial.

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Held vs. Sentenced

    Then that's the problem. You talked about being held before being sentenced. You're describing that you are being sentenced to jail. If a crime carries possible jail time, the judge can sentence you to jail and, if you don't max out the sentence, follow that up with probation.

  7. #7
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Held vs. Sentenced

    Quote Quoting rocky2holly
    View Post
    I'm not in jail yet. I think I mentioned in one of my posts, the judge gave me 2 weeks from last Thursday to "get my affairs in order" since I have a family, and then I'm supposed to turn myself into the court to be taken into custody and start serving the 6 months must and then come back to court to be given a sentence of probation, unless he allows me to change my plea and go onto a trial.
    If you would keep all your posts in one thread, you would be less likely to confuse everyone.

    I still don't understand what you are talking about.

  8. #8
    Join Date
    Jan 2007
    Posts
    11

    Default Re: Held vs. Sentenced

    I do understand the judge could give me jail time, what I don't understand is that I'm being told by my attorney that I'm not actually being sentenced when I go to jail for the 6 months I'm just being held so therefore I wouln't be eligible for any type of early release - work release, etc. What do you when you say if I don't max out the jail time? I was under the impression being put in county jail this way, I would have no option and neither would the clerks in jail but to keep me the entire time. Please explain. Thank you

  9. #9
    Join Date
    Jan 2007
    Posts
    11

    Default Re: Held vs. Sentenced

    I'm sorry for the confusion, SeniorJudge... with the different thread. I'm new here and when the post required a title, I didn't know to keep it the same as the last one.

  10. #10
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Held vs. Sentenced

    The judge wants you to do your jail time. You can complain to the judge, if you wish, and indicate that you prefer his original proposal of prison. I assume you don't want to do that. Does your lawyer have any other ideas?

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