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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110543
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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How long is it the state have to sentence one after a guilty plea. Also, what is it when t

Customer Question

how long is it the state have to sentence one after a guilty plea. Also, what is it when the judge has not signed the judgement.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the LA Code of Criminal Procedure, all the time says is that they must wait a minimum of 3 days (LC Code of Crim. Proc. 883) from conviction and sentence unless waived by the defendant.
If the judge has not signed the judgment, the plea agreement is not valid or binding yet. So there is no judgment against you until the judge signs off on the agreement.
So right now, because the judge has not signed off on the agreement, there is no sentence that can be imposed. There is no time in the code of criminal procedure from when you sign the plea deal to when it has to be accepted, but your attorney could file a motion in court for status hearing and ask the judge why it was not signed. Your attorney is likely quiet about it because he is trying to work out some deal with the DA and judge on your case.

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