Can You Go to Jail at a Plea Hearing? Complete Guide
In the event of a criminal case one of the most crucial steps during the procedure is the hearing for pleas. It’s when you make your formal plea of guilty or not guilty or no contest before an official judge. A lot of defendants come to this hearing with the same question: Can I be sent to jail at the courthouse?
Yes it is possible to be sent to jail during the time of a plea hearing, based on the plea, the seriousness of the charges and the extent to which a plea agreement has been reached. Although some individuals leave court and go home following the hearing, other people are arrested immediately. This is how it works.
What Happens at a Plea Hearing
The plea hearing (also known as”plea colloquy “plea colloquy”) is an official court procedure in which a defendant informs the judge how they would like to resolve the charges against them.
During the hearing The judge will:
- Make sure you are aware of your costs and penalties.
- Make sure that your plea is voluntary and not forced.
- Reconsider any plea deal that was reached between defense and prosecution.
- Choose whether or not to accept or deny the appeal.
Based on the circumstances depending on the case, the plea hearing could result in a sentencing date the same day or establishing an earlier date for sentencing.
Pleading “Not Guilty”
If you do not plead guilty and you are not guilty, you will not be sentenced during the hearing for plea. The court will set the date for future pre-trial hearings, motions or trials.
Even if you plead not to be guilty, the judge can take you into detention if
- You have violated bail or bond conditions or
- The prosecution provides evidence to show that you pose a threat or danger for the public.
In such instances, the judge could suspend bail and send you in jail until the trial.
Pleading “Guilty” or “No Contest”
If you agree to admit guilt or plead no contest (nolo conteste) in which case you’re committing a crime (or in the absence of contesting charges) and reneging on the right to a trial. The possibility of being in jail is extremely real.
What can take place:
- If your plea deal contains the possibility of jail, then you may be detained immediately.
- If the judge agrees with your plea, but isn’t able to accept the sentence you’ve been recommended the judge can decide to impose an alternative sentence, which could include the possibility of incarceration.
- If you’re already in bail, the court could send you back to custody until you are able to start the process of serving the sentence.
If, for instance, you are convicted of an offense that is a misdemeanor and carries an imprisonment period of 60 days The judge may require you to begin the same day.
Plea Agreements and Sentencing Timing
Most guilty pleas are based on plea bargains where the defense and prosecution accept a lower charge or fines in exchange for the averting of trial.
In many instances:
- Sentenced immediately following the plea, if both sides have agreed on the terms.
- For serious offences The judge may delay sentencing in order to review the pre-sentence investigation report (PSI) made by probation staff.
If the sentence is rescheduled the judge will have to decide if they want you to stay free on bail or to place you in the custody of the police while you wait for the sentencing.
If you’ve followed any court order and the offense is not violent, you could be permitted to remain in the community until the day of your sentencing. However, if the judge suspects you’re likely to flee or could represent a threat or pose a threat, they may decide to order immediate detention.
When Jail Is Most Likely at a Plea Hearing
It is likely that you will be sent to jail during an appeal hearing if:
- You have pleaded guilty to a serious misdemeanor.
- The plea agreement also includes mandatory imprisonment or jail time.
- You’ve violated bail terms or have a previous criminal background.
- The judge thinks you’re unlikely to be present at the sentencing.
- Your plea entails sexually violent, violent, or drug-related charges that are punishable by mandatory imprisonment.
For instance:
- A person who pleads guilty a DUI with domestic violence, injury, or drug trafficking conviction may be immediately remanded.
- A person who pleads guilty to fraud or theft could be given probation or a delay in their sentencing date.
What You Can Do to Prepare
If you plan to take either a guilty or no contest plea, you must be prepared:
- Discuss with your lawyer prior to the hearing regarding whether your plea could result in immediate jail time.
- Take personal belongings (like ID or medications) in case you’re detained.
- Find a childcare provider or a work cover prior to the hearing If jail time is likely.
- Check with your lawyer if you are eligible for alternative options such as community service, probation, or suspended sentencing.
Attorneys can also request that the judge postpone the time of your surrender to give you time to organize your all your personal affairs in order prior to making your way to the jail.
Final Thoughts
Can you then be sent to jail during an appeals hearing? Yes, absolutely. If you are taken into custody, it is dependent on the circumstances surrounding your arrest as well as your plea and the judge’s ruling.
If you agree to plead guilty or in no contest to an offense that could result in imprisonment or jail time, you may be immediately remanded, even if been on bond. If you have a competent defense lawyer, you could be in a position to negotiate an agreement that prevents the jail time or even allows surrender.
A plea hearing can be a crucial event in any criminal case. When you enter the courtroom, ensure that you are aware of the significance of your plea as well as what your punishment could be, and if you’ll be able to walk out or being escorted away by handcuffs.
