Misdemeanor DUI Sentencing
Question: What happens to the defendant immediately after sentencing that includes jail time in a misdemeanor DUI case? In Los Angeles County, CA, in a misdemeanor DUI case, if the sentence must include jail, is a defendant currently out on bail remanded into custody after a guilty verdict and sentencing or will the judge give them a couple of days to get their affairs straightened out then voluntarily turn themselves in by a certain day and time? What factors will court take into consideration if any? Does the sentencing take place right away?
Answer: Generally speaking, if jail time is part of a sentencing date, it is often possible to set up a surrender date in the future, where you will show up to court (or directly to the jail facility) to serve your jail time. If it is a trial situation with a guilty verdict, then usually your attorney can delay sentencing for a bit so you can get your affairs in order, then return to the court for sentencing. Depending on the situation and potential pre-sentencing motions, this can be several weeks or longer.
Assuming you are not handling your own case (not a good idea if you are or you did), then speak to your attorney in more detail about this.
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