What Happens After My Trial?

Q: What is “Sentencing?”

A: A sentencing is where the defendant comes before the judge and the judge imposes a sentence. If it’s after trial the judge may have discretion and there are rules as to what the judge can sentence to. If it’s part of plea bargain the sentence would already be discussed between the prosecutor and the defense attorney and the judge can either decide to go along with that or not and will impose sentences.

Sentencing: Punishment in a criminal case, ranging from a fine and community service to life imprisonment or death.

Q: How Soon After a Verdict Will the Sentencing Trial Be?

A: It depends. Usually they put over sentencing for awhile for people to calm down, for the attorneys to prepare sentencing briefs. The date is somewhat flexible, but the defendant does have the right to be sentenced soon, but that right is usually waived.

Q: What is “Probation?”

A: If you’re not mandated to state prison then the judge, within his discretion, can grant you probation. Probation means that you have to maybe report to a probation officer and that the time is suspended. If you stay out of trouble, it’s all good- no prison time.

Probation: The release into the community of a defendant who has been found guilty of a crime, typically under certain conditions, such as paying a find, doing community service or attending drug treatment program.

Q: What is “Supervised Release?”

A: Supervised released could be like work release, it’s part of a probationary sentence. You would have a probation officer with terms and conditions such as:

  • Wearing an ankle bracelet
  • Have to be in by certain hours
  • Sleep at a custody facility

Q: What is “Parole?”

A: If you are sent to state prison after you are released from prison you are on parole for a period of years. If you violate any laws or any terms and conditions of your parole you can be sent back to prison for violating parole. It’s is its own offence and different than violating probation.

Parole: Any form of release of an offender from imprisonment to the community by a releasing authority prior to the expiration of his/her sentence.

Q: Under What Circumstances Will the Court Grant Me a New Trial?

A: Under very rare circumstances where the verdict was not supported by law.

Circumstances For a New Trial:

  • New evidence comes up (up to an appeals court to grant)
  • Evidence came up that there was serious prosecutorial misconduct

The losing party will often move for a new trial, claiming that errors made during the trail by the judge require the case to be retried. Usually the judge will conduct a hearing on post-trial motions.

Q: Can the Judge Reject a Jury’s Verdict?

A: In rare circumstances if they find the verdict does not make sense as part of the law.

For example: if the jury finds someone guilty of assault of a deadly weapon but not the lesser underlying charge of battery the judge can reject the verdict.

Q: Can I Appeal to the Supreme Court?

A: Anything can be appealed to the Supreme Court. The Supreme Court only takes review of what they call a “Writ of Certiorari” and they grant review of a very limited number of cases requiring:  For the Supreme Court to intervene there has to be a:

  • federal question
  • constitutional question
  • question between states
  • question between an individual and a state

Writ of Certiorari: A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case.