When Does Sentencing Occur If I Am Found Guilty Or Take A Plea Offer?

Last updated on July 7, 2023

Once a defendant is either convicted or has pleaded guilty as part of a plea bargain, it is customary for them to be interviewed by a government agency. In New York cases, this responsibility falls on the Department of Probation, whereas at the Federal level, the Pretrial Services Agency is tasked with conducting the interview. During these interviews, the defendant’s information is gathered, and a written report is prepared and submitted to the relevant Court. The main purpose of this report is to aid the Judge in determining a suitable sentence by providing details about the defendant’s background and the consequences of the crime(s) on the victims involved.

If you are facing criminal charges and require legal representation, it is crucial to contact a Suffolk County criminal defense attorney. At the Law Offices of Jason Bassett, our skilled criminal defense attorney Jason Bassett has extensive experience in handling various types of criminal cases and possesses a deep understanding of the complexities 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?

At the Sentencing, the Judge will review the report which will be made available to both the prosecutor and the defense attorney. Both sides will argue for what they feel is the appropriate sentence pursuant to the law. Especially in cases with a plea bargain, it is important to make certain you are not accused of any offenses between the plea date and the sentencing date. If you are accused of another crime between the plea and the sentencing date, the judge does not have to honor the sentence that was promised in your plea bargain and can sentence you up to the maximum allowed by statute.

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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 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, the Willard Drug Rehabilitation Program, and the Shock 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 greatly reduce your sentence.

Sentencing Programs for Offenders in New York Description
Judicial Diversion Program Program for first-time offenders under New York State Law that involves drug rehabilitation.
Willard Drug Rehabilitation Programs Drug rehabilitation programs available for first-time offenders in New York State.
Shock Program Program under New York State Law aimed at addressing substance abuse issues for offenders.
RDAP Program Alternative program in Federal Courts that focuses on drug rehabilitation and sentence reduction.

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.

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