Sentencing during the Corona Virus Shutdown?

YOGA62 · #1 03-15-2020, 09:26 PM

Anyone know of sentences this past week or upcoming weeks and whether they will take place for people going to federal prisons? Due to Carona virus spreading wondering if court sentencing hearing are taking place?

Girl22472 · #2 03-15-2020, 09:38 PM

I heard that the courts were supposedly running as normal, but as we can see by some stories, that is not true since at least the BOP is putting a halt to transfers.

County jails (at least in my area) are considering releasing low levels and getting others allegedly moved to prison... however that is difficult if the prisons don't accept transfers. I would guess that if the person is already in jail then the sentencing may take place so they can TRY to get them transferred quickly. If they are not in jail already I am unsure I would hold my breathe as despite the fact that they say courts are running as usual, most are controlling who comes in and out of their courthouses.

Again, if they are already still in the jail then the time they are serving will at least count towards time. It's the ones that are not currently incarcerated that will probably be affected the most.

YOGA62 · #3 03-16-2020, 09:05 PM

Anyone hear how the US District Courthouses are handling the court hearings with the Corona virus rules? Wondering about sentence hearings and if they will be postponed or maybe held via video TV or something? Certainly they can't just stop holding hearings?

YOGA62 · #4 03-17-2020, 11:14 AM

US District Courts have an order posted dated yesterday vacating jury trials until a date in May and allowing some hearings including sentence hearings to take place, at the discretion of the judges.

bellisq · #5 03-26-2020, 10:53 AM

Each court has a web site. I am sure the information you seek is on there. There have been sentencings in the past few weeks that have been extremely lenient using the Virus as the reason for departure.

yourself · #6 03-26-2020, 11:41 AM

Top court for each state issues directive. Each district in those states interpret the directives. Always best to call the court if you have something coming up.

Most courts I am associated with have suspended everything in person except emergency issues. Sentencing, pleas, changes of pleas, guilty pleas are all being accepted in written form or by teleconference.

If you are particularly vulnerable because of disease or age, or you have any symptoms of illness, you are to stay away. Call in with your excuse, but the exemptions will be liberally granted for in person requirements.

And, I just got a summons for jury duty in May. Interestingly, the case is probably a continuation of a case that got disrupted due to this, where the trial of 2 men was at about the halfway point. It's an attempt murder with lots of aggregators. If that is the case I am being summoned for, I won't get the jury. I know the mom of the victim and that kid is messed up as he was shot in his head and barely survived. Matter of fact, the only reason he survived is because his bestie stayed with him, applied pressure, scooped up his eye, and called for help.

Be nice to be excluded for a reason other than the fact that I am an attorney.

YOGA62 · #7 03-26-2020, 11:58 AM

The federal sentence hearings are continuing in Montana at least the ones I have followed in March the past weeks and also they are still on the calendars in Pacer across the state.

Lifetime30 · #8 03-26-2020, 02:29 PM

If you would like to know anyone schedule or the date they will be sentenced put in the google engine federal bureau court dates and the state. And than search it click on the website that say us courts.gov and the topic is calendars and you will be able to see if the specific person has an upcoming court date or not. The next court date in my state is the 6th but most of them will begin on the 20th.

EyesOpening · #9 03-29-2020, 03:39 PM

My sentencing is April 23 in ft lauderdale. It’s still on. I have two witnesses I wanted to attend that would have to come from Georgia. Ones a serious asthmatic. The other one has a special needs child I’m sure he won’t want to bring anything home to... Broward county has some pretty bad numbers... we’ll see I suppose....

YOGA62 · #10 03-29-2020, 08:42 PM

Can the witnesses write letters to give to your attorney? Don't witnesses require special approval from the court to speak at sentencing? My son's sentencing is in late May and he has 10 people providing character reference letters. He is very worried about Corona virus spread as I am sure all inmates are worried. His cell mate is older and not cleaning the cell. Good luck to you for your sentence hearing! I just read the current guidelines for social distancing and such are extended until April 30.

EyesOpening · #11 03-29-2020, 09:34 PM

Quote:

Originally Posted by YOGA62

Can the witnesses write letters to give to your attorney? Don't witnesses require special approval from the court to speak at sentencing? My son's sentencing is in late May and he has 10 people providing character reference letters. He is very worried about Corona virus spread as I am sure all inmates are worried. His cell mate is older and not cleaning the cell. Good luck to you for your sentence hearing! I just read the current guidelines for social distancing and such are extended until April 30.

I have several character letters already. These are fact witnesses (one Doctor one lawyer). My attorney has to notify the court and the prosecutor three days prior to the hearing, but I believe anyone can speak at your sentencing. (Including family) I’m SO fortunate to be released pending sentencing. Prayers for your son...💕 Where is he detained? If it’s nonviolent offense and you have a good lawyer nothing wrong with trying to get him released pending sentencing... 🤷🏽*♀️

bellisq · #12 03-31-2020, 12:58 PM

Quote:

Originally Posted by EyesOpening

My sentencing is April 23 in ft lauderdale. It’s still on. I have two witnesses I wanted to attend that would have to come from Georgia. Ones a serious asthmatic. The other one has a special needs child I’m sure he won’t want to bring anything home to... Broward county has some pretty bad numbers... we’ll see I suppose....

Your lawyer or sentencing consultant can get videos made that will provide the same information. Florida hasn't begun to peak and you wouldn't want to bring susceptible people here. But Federal Courts are used to recieving adjunct info on videos.

EyesOpening · #13 03-31-2020, 01:35 PM

Quote:

Originally Posted by bellisq

Your lawyer or sentencing consultant can get videos made that will provide the same information. Florida hasn't begun to peak and you wouldn't want to bring susceptible people here. But Federal Courts are used to recieving adjunct info on videos.

These aren’t character witnesses they’re sworn fact witnesses. I went to trial and received a mixed verdict so my sentencing hearing is scheduled for half a day, not the usual “she’s a nice person” and “I’m so sorry” But there are no hearings anyways. I have the option of video but attorney advises against it due to complexity.