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If a person has entered a plea, does the court system have to sentence them in a certain amount of time?

If a person has entered a plea, does the court system have to sentence them in a certain amount of time?

Q: How long after plea deal is sentencing?

Sentencing typically occurs within ninety days after a plea deal is accepted in Pennsylvania. The exact timing can depend on various factors, including the court's schedule and any specific circumstances of the case. If additional time is needed, the judge must provide a documented reason for the delay.

Full question:

If a person has entered a plea, does the court system have to sentence them in a certain amount of time or can they drag it out as long as they want?

Category: Criminal
Subcategory: Sentences
Date: 04/07/2025
State: Pennsylvania

Answer:

The following is a portion of a PA statute:

Rule 704. Procedure at Time of Sentencing.

(A) TIME FOR SENTENCING.

(1) Except as provided by Rule 702(B), sentence in a court case shall ordinarily be imposed within 90 days of conviction or the entry of a plea of guilty or nolo contendere.

(2) When the date for sentencing in a court case must be delayed, for good cause shown, beyond the time limits set forth in this rule, the judge shall include in the record the specific time period for the extension.

(3) In a summary case appeal, sentence shall be imposed immediately following a determination of guilt at a trial de novo in the court of common pleas.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does pleading guilty reduce sentences?

Pleading guilty can lead to reduced sentences in some cases. Courts may offer plea deals where defendants receive lighter sentences in exchange for their guilty plea. This is often part of a negotiation between the defense and prosecution. However, the final decision on sentencing rests with the judge, who will consider various factors, including the nature of the crime and the defendant's criminal history.

How soon do you go to jail after being sentenced?

The timing of incarceration after sentencing can vary. In many cases, a judge may allow the defendant to remain free until a specific date, often to allow time for an appeal or other arrangements. However, in serious cases, a defendant may be taken into custody immediately after sentencing. It's important to consult with an attorney for specifics related to individual circumstances.

What happens after entering a plea?

After entering a plea, the court will typically schedule a sentencing hearing. During this time, the judge may review the case, consider any recommendations from the prosecution and defense, and determine the appropriate sentence. Depending on the plea and the circumstances, the process may vary, but sentencing usually occurs within a specified timeframe, such as the ninety days outlined in Pennsylvania Rule 704.

How long does it take to receive a sentence?

In Pennsylvania, sentencing generally occurs within ninety days after a guilty plea or conviction. If the judge requires more time, they must document the reason and provide a new timeline. The actual time can vary based on the court's schedule and the complexity of the case, but defendants can expect to know their sentence within this timeframe.

Is a plea deal a sentence?

A plea deal is not a sentence; it is an agreement between the defendant and the prosecution. In a plea deal, the defendant agrees to plead guilty in exchange for a potentially lighter sentence or other concessions. The final sentence is determined by the judge during the sentencing hearing, which follows the acceptance of the plea.