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Justice-Impacted Resources
Pretrial
Understanding the System
“Start creating a new mindset for success from day one, not until you get to prison.”
What is a pretrial detainee?
Pretrial inmates, constitute a unique type of prisoner within the Department of Justice, as the law states,“held in detention [only] to ensure the appearance in court, [and]or for the safety of the community.” Most pretrial detainees will spend years awaiting to be sentenced. Individuals are housed in county jails or holding facilities that have limited or no outside recreation, no in person visitations, bad food, expensive commissary and lack many of the work and education programs that larger facilities have.
When will I be sentenced?
The time spent in pretrial detention will greatly vary from case to case. Although there are speedy-trial acts that can enable you to move to trial directly, there is no set limit on the time you may spend awaiting to be sentenced.
After your initial indictment hearing, where charges against you will be read, you will go to a bond hearing where your conditions for release will be set. If you are denied bond, you will be held in detention, and if you are approved for bond, you will be released under supervised pretrial custody. Moving forward, you will slowly begin to receive your discovery from the government, along with your attorney you will start to fight your case.From here it may take several months, or years, of going to status hearings, simply to notify the judge of any updates regarding your case or your conditions.
Eventually the government will offer you a plea deal, a document where in exchange for pleading guilty to a charge(s) you will receive a possible reduction in your sentence. (If you do not accept a plea deal then you will begin to prepare for trial.) Next you will go to a change of plea (Rule 11) hearing, where you will change your plea to guilty in front of the judge. The court will then order probation services to perform a PSI (Pre-Sentence Investigation) and create a PSR (Pre-Sentence Report) within thirty-days prior to your sentencing hearing. This PSR report is among the most important documents regarding you, your family, your life history, your rehabilitation efforts, your medical conditions, your crime and any other important information. I cannot stress the importance of being truthful and telling the probation officer of any and all other important information. Finally, within three-to-five months after your change of plea, you will be going to a sentencing hearing where the judge will convict you.