What happens after conviction, but before sentencing?
In misdemeanor cases, the judge usually imposes the offender’s sentence immediately after conviction. The offender is expected to comply with the judge’s order. In felony cases, the judge may order a presentence report (PSR) in preparation for sentencing. The PSR takes an average of 60 days to complete, and the judge will schedule a sentencing hearing approximately 90 days after the conviction date. The judge holds the sentencing hearing with input from the DA, the defense attorney, and the victim or the victim’s representative. Occasionally, witnesses also will be presented by the DA or defense attorney. The offender also is given the opportunity to speak. After all parties have spoken, the judge will impose the offender’s sentence. The offender has the right to appeal the decision of the judge; however, in most cases, the sentence takes effect immediately.
