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If someone is out on bail. After trial if the court finds

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defendant guilty, does that mean...
If someone is out on bail. After trial if the court finds defendant guilty, does that mean defendant will be incarcerated immediately or can defendant stay out with the primitive bail until sentencing hearing?
Submitted: 1 year ago.Category: Criminal Law
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Answered in 1 minute by:
8/27/2016
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,109
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

Either can happen at the discretion of the judge. Much depends on the nature of the case. If it's a violent charge for example, the judge will probably incarcerate the defendant. The defendant's criminal history is also a factor.

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Customer reply replied 1 year ago
Its pc 245, defendant has zero criminal history
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

Pc 245 is a violent offense. It's also a wobbler. If convicted of the misdemeanor, the judge may leave him out. Otherwise, the odds are good that the judge will put him in.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

If there is some special reason that the defendant needs extra time to wind up his affairs, sometimes a judge will be lenient. But you can't count on it.

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Customer reply replied 1 year ago
First guilty or not verdict will come then the court sets another date to determine if misdeanor or felony, correct?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

No. If you're found guilty of a felony, you are sentenced for the felony, unless it's entirely different in California.

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Customer reply replied 1 year ago
you're saying when the court determines guilt it determines the wobler at the same time?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

The prosecutor determines whether the case goes forward as a misdemeanor or a felony. If it goes forward as a felony, the defendant may get convicted of the felony by a jury, or the defendant may get convicted of a misdemeanor, if they don't find him guilty of all the elements in the felony.

The judge sentences according to what the defendant is found guilty of.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 1 year ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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