After you plead guilty on a felony and sometimes on a misdemeanor case the judge will not sentence you because he knows very little about your case. He will order you to go to the probation department. Most of the time they will not have time to meet you on that day , they will then set an appointment for you to come back to their office on another date.
When you meet with a probation officer either in person or by phone. Their job is to prepare a report to give the Judge and the District Attorney a recommendation on how to sentence you on your case.
Please dress appropriately if you are out of custody. A nice shirt and slacks/pants if you are a man. You could also wear a coat and tie. Women should also dress nicely in clothes that you might wear to church, conservative and clean. Do not wear too much jewelry, or show piercing, tattoos etc. This also applies for court. Dressing better often can help you in court. It is a sign of respect for both probation and the court when you dress nicely. Remember they see lots of bad people and if you look nice it will be a breath of fresh air for them and they may give you a better recommendation.
The first thing to remember is that they have a job to do and no matter how friendly they might appear to be they are NOT your friend. Please be polite and courteous but do not volunteer information. Only answer the question they ask. Do not tell them more than they ask.
Letters are helpful. If you want to get people to write letters on your behalf, please make sure that you make copies for the District Attorney and our firm.
The letters do not have to be typed, handwritten letters are fine. They should probably be in English to be helpful. Letters from children are also fine. They should be in their own words. You can write your own letter but that letter has to be honest and to the point. You can explain to the court what you learned and why you will never be in trouble again. You may apologize and tell the court you are sorry what you have done or the havoc you have caused.
In your conversations with the Probation Officer and in your letter to the Judge please DO NOT discuss the facts of the case. Please tell the Probation Officer that your attorney has told you not to discuss the facts of your case. This is to protect you in case the "Three Strikes Law" changes. Your probation report can be used against you in future cases and anything you say can also be used against you. So please be careful.
Your sentencing will occur approximately 4-6 weeks after you plead guilty. Sometimes the Probation department gets backlogged and it may take longer. Make sure you keep all of your appointments with the probation department, so any delays are not your fault and the Judge doesn't put you in custody. Make sure you come to court on time. We like our clients to be the first one there when the doors open. If there is a problem and we need a continuance, we can ask to the Judge. However, if you don't show up, the court will often increase your sentence.
Keep in contact with your attorney.
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