- Before appearing for sentencing, you have to enter a plea. The court will ask how you wish to respond to the charges against you. You can either state that you are guilty, not guilty or no contest. By entering a plea of guilty, you will be admitting your guilt and forfeiting your right to a trial. In this case, you could very well be sentenced by the judge the same day. If you enter a plea of not guilty, you must be tried and convicted prior to being sentenced. If you plead not guilty, the burden of proof is on the state to prove your guilt. You will be presumed innocent until the state can prove your guilt. If you plead no contest, you are neither proclaiming innocence nor accepting guilt. By pleading no contest, you will be forfeiting your right to a trial and will appear before the judge for sentencing.
- On the day of sentencing, be sure to arrive at court on time. If you do not know what courtroom to go to, stop by the court clerk's office for direction. When you appear before the judge, she will ask if anyone would like to make a statement before the sentencing hearing proceeds. This will be your last opportunity to address the court before you are sentenced and what you say will be a part of the record. If you intend to appeal, speak with your attorney to be sure that what you say does not hurt your appeal in the future. If there are victims present, the judge may allow them an opportunity to speak. Once the statements, if any, are complete, the judge will announce the sentence that will be imposed.
- Sentencing will occur within 30 days after you enter your plea. At the sentencing court date, the judge will determine the proper disposition of the case.Comstock/Comstock/Getty Images
The judge will also ask you a series of questions to ensure that you understand what is taking place. She may also read certain provisions of a plea agreement. If you are on probation, the probation department will deliver a pre-sentence report to the court, along with their recommendations. The amount of discretion the judge has for sentence length is dependent on how specific your plea deal was. When the judge announces the sentence, the particulars are read into the record. After careful consideration, the judge will impose a sentence. The sentence could consist of a fine, jail time, probation or community service. The amount of the fine to be paid, or imprisonment to be served, must be within the ranges set by the legislature for your particular offense. Judges do not have the authority to impose fines or sentences outside of the statutory parameters set by the Arizona legislature. - After the sentence has been read on the record, you will either be remanded into custody or released. If it is decided that you will be remanded into custody, you will become custody of the court and immediately taken to jail. If you are already in custody and the sentence requires you to be released, you will be processed by the jail and then released. If you are sentenced to serve time in jail and the court allows, you may be able to self surrender at a later date. This will allow you time to make preparations for your time away. If you do not surrender on the date agreed, a warrant will be issued for your arrest.
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