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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26755
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If someone is out on bail. After trial if the court finds

Customer Question

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: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.

Hi,

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

Customer: replied 10 months ago.
Expert:  Zoey_ JD replied 10 months 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.

Customer: replied 10 months ago.
Its pc 245, defendant has zero criminal history
Expert:  Zoey_ JD replied 10 months 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.

Expert:  Zoey_ JD replied 10 months 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.

Customer: replied 10 months ago.
First guilty or not verdict will come then the court sets another date to determine if misdeanor or felony, correct?
Expert:  Zoey_ JD replied 10 months ago.

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

Customer: replied 10 months ago.
you're saying when the court determines guilt it determines the wobler at the same time?
Expert:  Zoey_ JD replied 10 months 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.

Expert:  Zoey_ JD replied 10 months 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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