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.
To decide the sentence, the judge considers the facts in the case, the sentencing guidelines, and other sentencing laws. If either side wants, they can argue what sentence a judge should give at a sentencing hearing.
In California, if someone is serving a four-year prison sentence, they usually have to serve at least 85% of that time. This is because of the "85% rule" which means they have to stay in prison for most of their sentence before they can be considered for early release or parole.
The general rule is that a defendant serves 50 percent of his or her sentence while in prison. (Pen. Code §2933.) However, if the current offense is listed as a “violent felony” in Penal Code §667.5(c), the defendant serves 85 percent of the prison sentence.
CALIFORNIA'S SENTENCING LAWS Sentencing guidelines allow judges to consider the individual circumstances of the case when determining a sentence, whereas mandatory minimum and enhanced-sentence statutes leave little or no discretion to judges in setting the terms of a sentence.
What is Probation in San Diego County? Probation is a form of supervisory sentencing that a judge may impose instead of jail time that can be informal or formal. Most informal probation requires no checking in with a probation officer and is often times referred to as summary probation.
It is quite common for you to receive your sentence immediately following a guilty verdict or guilty / no contest plea to a misdemeanor. Felony sentences must be scheduled within 20 days of the guilty verdict or plea. The court may extend that timeframe by up to ten days for the same reasons listed above.
Simply put, house arrest is a type of alternative sentencing that requires you to stay confined in your home for a length of time, but you would be allowed to leave for work, school, or other necessary appointments.