This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
You may be eligible for Credit caused by “Time Served” if you were incarcerated while serving a sentence for another offense if the confinement occurred after the commission of the misdemeanor for which the defendant is now being sentenced.
To request time served, you must provide proof of incarceration from a jail or prison that includes the dates you were incarcerated, along with the request form linked below. To consider your request, you must enter a plea for the charges for which you are request jail credit, if you have not done so already.
If a prosecutor offers you a “time served” deal, it means they are proposing a plea agreement where the time you have already spent custody will be considered sufficient punishment for the crime you are charged with.
A peace officer may arrest, without warrant, when a felony or breach of the peace has been committed in the presence or within the view of a magistrate, and such magistrate verbally orders the arrest of the offender.
Generally, once you are sentenced, you are taken into custody immediately upon a guilty verdict.
At the criminal sentencing hearing, the judge will rule on objections. In some cases, evidence will be pre-sentenced at the sentencing hearing concerning factual objections. The judge will rule on the objections before determining the applicable sentencing guideline.
Examples: Aggravated assault of public servant. Aggravated kidnapping. Aggravated robbery. Aggravated sexual assault. Attempted capital murder. Arson of habitation. Burglary of a habitation with intent to commit or commission of a felony. Causing serious bodily injury to child, senior citizen, or disabled person.
Judges consider many factors when deciding on an appropriate punishment, including: the defendant's past criminal record, age, and sophistication. the circumstances under which the crime was committed, and. whether the defendant expresses remorse.
Ultimately, the judge will consider a pre-sentence report if it was requested, hear from all witnesses, consider any arguments put forth by the prosecution or defense and then impose the sentence.
Defendants should be sure to sincerely: Apologize to the victim(s), if any; Express remorse; Explain concrete plans for the future in order to avoid getting in trouble again.