After criminal case sentencing by a judge in NC, you have options in order to get someone you love out of jail. On a daily basis, DJ’s Bail Bonds in North Carolina helps people from all over the state exercise these options. When your loved one experiences arrest and subsequent NC sentencing, it is not necessarily the last time you will spend time with them before their jail term begins.
What Is An NC Sentencing Hearing?
An NC sentencing hearing is part of the criminal justice system processes. It occurs when the courts enter a conviction for a crime. This means your loved one has gone through arrest and a trial. Now, in this hearing, the judge determines the sentence terms.
One of the biggest decisions the judge makes is whether your loved one faces prison time or probation. But they also decide the length of the sentence and whether parole is an option. Sometimes the decision takes several days or even multiple weeks, as the judge wants to ensure well thought-out and appropriate terms. But misdemeanors and some other minor criminal sentences immediately follow the defendant’s plea.
What Follows NC Sentencing?
For criminal defendants, those receiving a prison term immediately go into custody for transport to the correctional institution. When the terms involve probation or attendance of a treatment program, the court makes those arrangements before permitting the convicted party to go home.
Regardless of the resulting sentence, all defendants have certain rights. With these rights come various options according to North Carolina laws. Some of those options include:
- Bail while awaiting appeal
- Correction, modification or reduction of the sentence
Does My Loved One Qualify For Bail While Awaiting Appeal n North Carolina?
The Constitution does not guarantee your loved one’s right to post-conviction bail. But some states permit this action as part of certain scenarios and while awaiting appeal. If the convicted person qualifies for bail during this time, a bail bond can enable your loved one to gain release pending a new trial.
The judge ultimately makes the decision on whether to allow post-conviction bail. This decision usually stems from the severity of the alleged crime and whether they believe the defendant is a flight risk.
If the judge allows a bail bond at this time, your loved one still faces the charges and an upcoming court date. Judges also frequently impose limits on travel. These limits range from not allowing your loved one to leave the state, or even placing them on monitored house arrest.
Having A Sentence Corrected, Modified Or Reduced In North Carolina
For the most part, once a judge delivers a valid sentence, they cannot make changes to those terms unless the law allows the court to do so.
Sometimes federal courts modify sentences. But those modifications occur within limits, including:
- Incidence of illegal NC sentencing
- Reduction in NC sentencing due to the convicted party’s cooperation
- Compassionate modifications as defined in U.S. Code Section 3582
When NC sentencing guidelines change in particular crimes, a defendant convicted of one of those crimes and according to the old guidelines can request modification. Of course, many individual factors and the circumstances of the crimes affect your loved one’s legal options. The judge makes the ultimate decision.
How Do I Get My Loved One Out Of Jail After NC Sentencing?
Having a good criminal defense attorney is critical for fully understanding your loved one’s case and whether they have options for getting out of jail after NC sentencing. You can also talk to an experienced and reputable bail bond agent in North Carolina.