When you are convicted or you pleaded guilty as part of a plea bargain, the process doesn’t stop in the courtroom. You’ll sit down for an interview with probation officers. In New York, that interview happens with the Department of Probation. In federal cases, the U.S. Probation Office steps in. They ask about your life, collect records, and roll everything into a report for the judge. That report lays out your background and shows how the crime affected any victims so the court can impose a fair sentence.
If you have been charged or convicted and require legal representation, it is crucial to contact a Suffolk County criminal defense attorney. At the Law Offices of Jason Bassett, P.C., our skilled criminal defense attorney Jason Bassett has extensive experience in handling various types of criminal cases and possesses a deep understanding of the legal system. Our team is dedicated to protecting your rights and interests. To schedule a consultation, please reach us at (631) 259-6060.
What Happens On The Day of Sentencing?
You walk into the courtroom, and the judge already has your presentence report on the bench. You, your lawyer, and the prosecutor all get a copy so there are no surprises. The prosecutor speaks first, laying out the sentence they believe fits. Your lawyer follows, arguing for the result you deserve under the law.
If you took a plea deal, keep your slate clean from the day you entered that plea until the moment you stand before the judge again. A new charge in that window can wipe out the bargain and open the door for the judge to impose any penalty the law allows, right up to the maximum.
Suffolk County Criminal Defense Attorney
Jason Bassett, Esq.
Jason Bassett, Esq. is a seasoned criminal defense attorney with over 21 years of experience safeguarding the rights of individuals throughout Suffolk County. His legal practice is dedicated to challenging the power of prosecutors, police departments, and government agencies, ensuring that his clients receive fair and aggressive representation. Mr. Bassett brings a strategic, unrelenting approach to both state and federal cases, skillfully handling everything from DWI charges and violent crimes to federal offenses.
With a distinguished career that includes time as a former Assistant District Attorney and Special Assistant Attorney General, Mr. Bassett understands the criminal justice system from both sides of the courtroom. He has earned a reputation for his unwavering commitment to justice, especially in cases involving excessive force or false arrest. Clients turn to Mr. Bassett for his proven ability to fight back against powerful institutions and deliver results when it matters most.
How Long After a Plea Deal Is Sentencing?
After a plea deal is reached, the time until sentencing depends on the nature of the case and the court’s requirements. In minor misdemeanor or violation cases, sentencing may occur immediately after the plea agreement is entered. This is common when there is no possibility of jail time and the judge has all the necessary information to impose a sentence.
For cases involving more serious charges or the potential for prison time, sentencing is typically scheduled several weeks after the plea deal is finalized. This delay allows for the preparation of a Pre-Sentence Report, which is compiled by probation officers. The report includes details about the defendant’s background, the circumstances of the offense, and any factors that may influence sentencing, helping the judge make an informed decision.
During the sentencing hearing, the judge reviews the Pre-Sentence Report and hears statements from the prosecution, the defendant, and sometimes the victim. The defendant also has the opportunity to speak. After considering all factors, the judge determines the sentence.
Consulting with an experienced Suffolk County criminal defense attorney is crucial to understanding what to expect and how to prepare for the sentencing hearing. Contact the Law Offices of Jason Bassett, P.C.today to schedule a consultation.
Do You Go Straight to Jail After Sentencing?
After the judge hands down a sentence, the subsequent course of events depends on the specific terms of the sentence. If the sentence includes a period of imprisonment, the defendants are typically taken into custody right after the sentencing to await transportation to a correctional facility. In this case, they would go directly to jail.
Conversely, if the sentence involves probation or treatment, the defendant must coordinate with the relevant authorities to fulfill the requirements of the sentence. This process entails scheduling and making arrangements for supervised probation or enrollment in specific programs as ordered by the judge.
When determining the appropriate sentence, judges often rely on a pre-sentence investigation report (PSI or PSIR) prepared by the probation department. This report presents the judge with details regarding the defendant’s personal history, the type of offense committed, and their conduct. The judge takes this report into account when deciding whether to impose imprisonment or probation. In the event that the judge issues a prison sentence, it is possible for the defendant to be promptly placed under arrest following the conclusion of the sentencing hearing, potentially accompanied by the use of handcuffs by a courtroom officer.
It’s important to note that the specific procedures may vary depending on the circumstances of the case, the judge’s discretion, and any applicable laws or regulations. Therefore, it’s recommended to consult with an experienced Suffolk County criminal defense attorney regarding the sentencing process in New York. Contact the Law Offices of Jason Bassett, P.C. for a consultation. Our team can provide you with updated and accurate information regarding your case and provide quality legal representation.
Are There Any Alternative Sentencing Programs For First Time Offenders In State Or Federal Court?
There are many alternative sentencing programs for first-time offenders and even for individuals with prior offenses. Many of these programs involve drug rehabilitation for individuals with a demonstrated problem with substance abuse. For charges under New York State Law, programs include the Judicial Diversion Program and the Shock Incarceration Program. In the Federal Courts, there are programs such as the RDAP Program. If you have a demonstrated problem with drugs or alcohol and you qualify to participate, the RDAP Program can reduce a qualifying non-violent sentence by up to 12 months in custody, plus additional halfway-house or home-confinement credit.
What Should I Know If Probation Is A Part Of My Sentence?
If you are sentenced to probation, it’s important to realize that you have to abide by all the conditions of probation or you can be brought back to court and resentenced to jail time. Probation Officers are incredibly overworked people. They get a pile of new probationers every day, and very soon they have to decide how they’re going to handle each probationer. They can’t possibly closely monitor all of them. Based on their early assessment of the probationer, they have to determine if this is someone they have to really stay on top of or somebody they can give more leeway (e.g., fewer in-person meetings, fewer restrictions, even early release from probation). If you want to be someone they give more leeway, you have to make sure that you show up on time to your appointments, that you aren’t failing any drug tests, that you are not missing any curfews imposed, and that you are presenting yourself as somebody who made a mistake but truly wants to turn your life around. Do these things and you’ll often go from having to report once a week to eventually only having to report once a month. Sometimes that even turns into just a phone call once a month. Very often you’ll even be released from probation early. The single biggest thing you have to understand as a probationer is that your experience on probation is largely up to you. If you really put the time in early on to comply with your Probation Officer you can find that it becomes a lot less difficult in the long run. If you’re making mistakes early on such as picking up minor charges, missing appointments, or failing drug tests then probation is going to be much more intensive and could even result in resentencing and jail.
For more information on Sentencing In A Criminal Case In New York contact us and have a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.
What Are My Rights After Sentencing?
Sentencing feels final, yet your legal options are still alive. You carry rights that can protect your freedom and future. Below is a road map.
- Appeal Rights: You have thirty days from the date the judge signs the sentencing order to file a Notice of Appeal. An appeal asks a higher court to review trial errors, the weight of the evidence, or the harshness of the sentence. Filing on time keeps every door open, including a request for bail while the appeal is pending.
- Motions to Set Aside a Sentence: New York Criminal Procedure Law (CPL) § 440.20 lets you ask the sentencing court to correct a sentence that was unauthorized, illegally imposed, or otherwise invalid as a matter of law. This is the correct motion if, for example, your sentence is longer than the legal maximum or if a new, retroactive statute changes the legal penalty for your offense.
- Other Post-Sentencing Options: While a CPL § 440.20 motion is for illegal sentences, other compelling information can be used in different ways. For instance, significant rehabilitation, program completion while incarcerated, or serious medical issues are powerful factors to present in an application for clemency (commutation) to the Governor or in hearings before the Parole Board to argue for early release.
- Sentencing Challenges & Future Rights: Excessive prison terms, unwarranted restitution, and probation rules that limit work, travel, or family time can all be contested. You have the right to seek a sentence reduction, correction of credit for time served, or modification of parole supervision. You also keep important future rights, including:
- Applying for record sealing.
- Automatic voting restoration. In New York, your right to vote is restored upon release from prison, and you are eligible to vote even while on parole.
- Obtaining certificates of relief from disabilities or certificates of good conduct to help with housing and employment.
A Suffolk County defense lawyer can handle strict filing deadlines, draft persuasive written arguments, and speak on your behalf so you make the most of every post-sentencing safeguard.
| Right or Option | Purpose | Key Details |
|---|---|---|
| Appeal Rights | Ask a higher court to review trial errors or harsh sentencing | File Notice of Appeal within 30 days of sentencing order |
| Motions to Set Aside a Sentence | Challenge an illegal or unauthorized sentence under CPL § 440.20 | Used when sentence exceeds legal maximum or retroactive laws apply |
| Other Post-Sentencing Options | Apply for clemency or parole based on rehabilitation, medical needs, or progress | Submit to Governor or Parole Board; no fixed deadline |
| Sentencing Challenges & Future Rights | Seek changes to probation, reduce sentence, or regain civil rights | Includes record sealing, voting restoration, and certificates for relief |
Navigate the Sentencing Process with an Experienced Suffolk County Criminal Defense Attorney
Facing sentencing after being found guilty or accepting a plea offer can be overwhelming. You probably have questions about what happens next and what it all means for your future. It’s not just about the penalties; it’s about how this decision will impact your life moving forward.
This is where having the right lawyer on your side matters. A skilled Suffolk County criminal defense attorney from the Law Offices of Jason Bassett, P.C., can stand by you during this important time. Our team can guide you through the sentencing process, explain your options clearly, and fight to protect your rights every step of the way.
You don’t have to figure this out alone. Call (631) 259-6060 today to speak with someone who understands what you’re going through and can help you move forward.