If you are facing a conviction of a misdemeanor crime in California The California Penal Code regualates that a Judge must conduct a sentencing hearing. Misdemeanor Sentencing Hearings must be pronounced not less than six hours no more than five days after a guilty plea, no contest plea, or conviction unless the defendant waives that timeframe.
Many times in Misdemeanor cases the defendant will waive time for sentencing which means that the sentence will be pronounced immediately after the plea. Many times there will not be complex issues in sentencing which will require a full blown statement in mitigation, as there would be in a Felony sentencing.
A Statement in Mitigating circumstances is a hearing usually accompanied by a written motion as to the mitigating circumstances as to why the punishment should be minimized. The prosecution will offer there own reasoning as to why the punishment should be more severe.
In Misdemeanor cases, most of the time, but not all of the time there will be oral arguments wihtout the need for a full blown senencing hearing.
If you have been charged with a misdemeanor case you should consult with an Attorney to get the personalized attention your case deserved give us a call for a case evaluation. 559441-1418.
