View Single Post
  #13  
Old 07-03-2013, 01:40 AM
Jim B.'s Avatar
Jim B. Jim B. is offline
Who's flying this thing ?
 
Join Date: May 2006
Location: N. California./ N. Nevada
Posts: 3,611
Any "negotiated disposition" (a plea bargain, as it's called commonly called) MUST be agreed to by the Judge in the case, also, in a pretrial settlement held in the Judge's chambers with the DA and defense lawyer present, before the plea agreement is taken in open Court with all present.

The matter is then referred to the Adult probation department for the preparation of a Presentence report, and the Probation officer recommends the sentence based on his findings - defendant's or witnesses statements, prior crim history, jury verdict where applicable, etc.

The matter is continued pending receipt of the APD Presentence report, which is usually about 28 - 30 days forward, and the Judge relies heavily on the report.

After the sentence is pronounced, the Court - (in California) has the Courtroom clerk prepare the paperwork, and in a State Prison commitment, it'd include the Probation report, the formal Prison Commitment document, the Police Report, as I recall...and a calculation of credits for jail time already served on the matter, as well as an additional amount of custody credits for good time/work time, and these two are added together, as of the date of final sentence, and the State Prison must DEDUCT this total of County Jail days served from the amount of the State Prison sentence.

Which makes it a LOT less, usually. The state prisons, AND the County jails are constantly coping with jail/prison overcrowding. And as you know, are grateful to ease the overcrowding of inmates in custody - be it in county jail or State Prison- and many inmates GET OUT early, because of this.

Though it sounds like this perp will have to wait a LONG time before he ever hears a WOODEN door slam.
__________________
1991 560 SEC AMG, 199k <---- 300 hp 10:1 ECE euro HV ...

1995 E 420, 170k "The Red Plum" (sold)

2015 BMW 535i xdrive awd Stage 1 DINAN, 6k, <----364 hp

1967 Mercury Cougar, 49k

2013 Jaguar XF, 20k <----340 hp Supercharged, All Wheel Drive (sold)
Reply With Quote