My husband was incarcerated a few days ago for grand theft of the 3rd degree and dealing of stolen property. What are the steps we’ll go through until his final sentencing?
no, this is his first offense
what are his chance of getting jail, probation, and whatever else vs. no jail and everything else??? 50/50, 25/75, 75/25??? I would really like as much estimations as possible so I can be ready for when they sentence him. I just had a miscarriage and really need him home, but know that what he’s done is wrong and that he needs to be punished of course, but in our situation, I just want him home and able to hold eachother from the loss of our baby.
first thing that will happen is the court will appoint him a public defender. The public defender will prepare your husband for arraignment, at which time they will determine if he is a flight risk or not, and based on his record or lack of one, and his ties to the community (job, house, kids etc) the judge will decide to set a bail amount, or let him go on his own recognisance as long as he promises to appear in court. The courts don’t like wasting time and $$ on trials, so they will try to plea bargain with him to lesser charges if he pleads guilty. If he don’t plead guilty, and goes to trial, he better be innocent if he wants to go that far…because if he pisses them off, they will throw the book at him if he is found guilty by a jury…..the whole process takes about 6 months if he stays in jail while it’s happening. If he bails out, then it will take twice as long because he will undoubtably get extensions etc. Good luck to you both, and I’m so sorry about the loss of your little angel…my heart goes out to you both….
02.July, 2009 um 5:06 am
He should see a judge w/ in 3 days and the judge will set bail(or say no bail). He can then bail out and be free until he is found guilty. If he has already been found guilty, he will stay in custody until sentencing at which time he will be let go(if he is sentenced to time served) or will be transferred to a state prison(if he was sentenced to prison time). He could also stay at a county jail, usually only for people with sentences less than one year. He could also be sentenced to probation if this is a first offense and he ahs a clean record. If that happens, he will be released.
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02.July, 2009 um 5:43 am
Just like TV — Arrest — trial — conviction and sentencing He will serve his time and then they let him go
The way you use the word incarcerated — I get the feeling he has been in jail before..
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02.July, 2009 um 6:15 am
first thing that will happen is the court will appoint him a public defender. The public defender will prepare your husband for arraignment, at which time they will determine if he is a flight risk or not, and based on his record or lack of one, and his ties to the community (job, house, kids etc) the judge will decide to set a bail amount, or let him go on his own recognisance as long as he promises to appear in court. The courts don’t like wasting time and $$ on trials, so they will try to plea bargain with him to lesser charges if he pleads guilty. If he don’t plead guilty, and goes to trial, he better be innocent if he wants to go that far…because if he pisses them off, they will throw the book at him if he is found guilty by a jury…..the whole process takes about 6 months if he stays in jail while it’s happening. If he bails out, then it will take twice as long because he will undoubtably get extensions etc. Good luck to you both, and I’m so sorry about the loss of your little angel…my heart goes out to you both….
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