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  1. #1
    Join Date
    Jan 2010
    Posts
    11

    Default Sentencing in 3 Hours

    Im in Indiana first off and im due for sentencing in 3 hours.....
    A month ago i plead guilty to Class A misdemeanor domestic battery. I had spent 36 hours in jail before appearing before the judge. Like i said i pled guilty and was released and told to come back today for sentencing and the prosecutor was to look into any medical costs and damage costs. The person i hit refused treatment from the paramedics that night but did go to the hospital the next day after work for jaw pain. First question...can the prosecutor find out they went to the hospital the next day if the victim doesnt tell them? Thats just a small question i have, my MAIN 2 questions are does anyone have any advice as to what, if anything i should say to the judge when he asks me if i have anything id like to say before sentencing......this by the way is my first ever problem with the law and im 42 yrs old. Next is given this is my first offense and ive already spent 36 hours in jail is it "likely" i will have to serve more? or am i looking at more like probation and classes? someone please, please answer me as im a nervous wreck sitting here waiting to go to court!
    Thanks so much in advance for any input!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sentencing in 3 Hours

    well, your concern that the judge may find out about the actual need for medical treatment shows you are not willing to accept full responsibility for your actions.

    here is the possible penalties:

    Class A misdemeanor: Fine up to $5000 and up to 365 days in jail.
    what your sentence will be is up to the judge but that is what it can be.


    so what, if anything i should say to the judge when he asks me if i have anything id like to say before sentencing.
    .

    something like this:

    ....this by the way is my first ever problem with the law and im 42 yrs old.
    I would suggest adding something like you regret the actions and are willing to do anything you can to make things right but since you would like the fact that the injury did require medical treatment hidden from the court, that is obviously not true. It is not a good idea to lie to a judge, especially if you do not know what he actually knows.

    where is your attorney in all of this?

  3. #3
    Join Date
    Jan 2010
    Posts
    11

    Default Re: Sentencing in 3 Hours

    Im not in any way trying to hide the medical bills....i have already made my first payment to the hospital, i only asked because i dont know if them knowing increases my chances of more jail time. I fully owe up to what i did that was the reason i pled guilty in the first place. I dont have an attorney because when u plead guilty you waive your right to representation. What i did was very very wrong and i know that. Cant really call it a fluke but in a way it was because ive never so much as even raised my hand to anyone in my life but nonetheless it happened and i pled guilty to it. Im just so very nervous! I have taken 9 days off work, thats the max i can take and my biggest concern is losing my job in the midst of this economy. Not that anything you tell me will change my sentence, but i would greatly appreciate any input as to what my "probable" sentence will be.......Thanks so very much for responding so quikly to my first post!

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sentencing in 3 Hours

    No, you do not waive your right to legal representation when pleading guilty. You are legally entitled to representation at any and all times during a criminal procedure. You may have your right to obtain counsel but you do not waive your right to have counsel.

    there is just no way to guess as to what a judge might impose. If he just got done with 12 trials for domestic abuse, he may simply be tired of seeing it and sentences the next guy to the full ride. If he is compassionate and sees an ounce of hope in you, you could get probation. Just no way to know.

    and I can only guess but the severity of the injury may very well push the judge one way or the other.

  5. #5
    Join Date
    Jan 2010
    Posts
    11

    Default Re: Sentencing in 3 Hours

    I really do appreciate all you've told me......i will let everyone know what my sentence ends up being so that i may help others in the future. But as for the counsel issue here is exactly what my court paper states.
    The court advised defendent of constitutional rights, nature and character of the charge filed, and potential fines and penalties. Defendant acknowledges understanding the same, makes a knowing waiver of right to counsel, and signs and files with the court a written waiver of rights.
    The judge clearly stated that if you choose to plead guilty you have to sign away your rights to counsel.....which is what i did. So i have no lawyer and never did.

  6. #6
    Join Date
    Jan 2010
    Posts
    11

    Default Re: Sentencing in 3 Hours

    Wanted to let everyone know what happened at my sentencing. I got 365 days in jail suspended. Fined $264, no probation, no classes etc........hope this helps someone when they need it. I know the members here cant speculate what will happen to someone but just stating what the maximum is doesnt really help as its always told to you by the judge during your initial hearing. So anyways thats what my sentence was, basically a pass according to the judge. Never gonna happen again for me as i've learned my lesson well, got the chit scared outta me literally!!! Take care all!!

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