When a person is arrested for a criminal offense, they typically have a lot of questions. The best way to get the answers you need is to take directly to a California criminal defense attorney. Today we will provide some basic information on what to expect a felony sentencing hearing – and how you can prepare for it – but remember that this is just that: Basic information.

To learn more about your specific options and what you can expect in your unique case, please call Law Office of Michael L. Fell at (949) 585-9055 for help.

In most cases the sentencing must take place within 20 days of conviction

First, know that the California penal code makes it clear that a felony sentencing hearing must happen at the longest 20 days from the day you were convicted – in most cases. There are some exceptions that can prolong that timeframe by as much as ten days:

• You’re considering a motion for a new trial
• The court is determining if you’re insane
• The court is waiting for probation recommendations from the probation department

As a result, the longest possible time you should have to wait is 30 days.

You may be in custody or out on bail

There are three options the court can choose from when deciding what should happen to you between the time of the conviction and the time of sentencing. They can keep you in custody the entire time, they can order you into custody if you aren’t already in custody, or they can let you stay out on bail if you’re out on bail. In most cases, if you’re out on bail then you can expect that you’ll be ordered into custody after the felony conviction.

Your rights during a felony sentencing hearing

You have rights during your sentencing hearing. They include:

• The right to attend the hearing
• The right to suggest an alternative sentence (for example, probation instead of prison)
• The right to be represented by a lawyer
• The right to prevent evidence
• The right to make a statement to the court

There is no situation in which you should go into a felony sentencing hearing without an attorney. At Law Office of Michael L. Fell, we can assure that all evidence is presented that could encourage the courts to act leniently. This may include bringing up evidence or calling witnesses.

How your sentence will be determined

If you have agreed to a plea bargain, then your sentence will be determined by the terms of said agreement. If you were found guilty, then the judge will decide your sentence. They will consider a number of factors, including whether or not you’re eligible for probation, the nature of the offense you were convicted of, and whether or not you had a prior criminal history. In some cases, you’ll receive a split sentence, which involves serving part of your sentence in prison or jail and the other part on probation.

No matter what felony you’ve been charged with, Law Office of Michael L. Fell is here to help you. Reach out to us today at (949) 585-9055 to set up your consultation.