How Long After a Plea Deal is Sentencing?

Once a judge has accepted your plea deal, sentencing can be almost immediate, or could take months. There is no one-size-fits-all answer. Ultimately, it will come down to the severity of the charges against you, the state you’re in, the court, and the judge.

If you’re facing misdemeanor charges, it’s likely that sentencing will happen right away. If you’re facing more serious felony charges, you may have to wait and attend a separate sentencing hearing. If you’re facing federal charges, you will almost certainly have to attend a separate hearing, which could be months from the date your plea deal was accepted.

READ MORE: What is a plea deal?

Misdemeanor Charges: You’ll Probably Be Sentenced Immediately

Because a plea deal typically involves pleading no contest or guilty, sentencing in misdemeanor cases is relatively clear cut and often occurs immediately after you enter your plea.

This means that first-time DWI offenders or those facing disorderly conduct charges will likely be sentenced immediately. However, some courts prefer to schedule sentencing hearings separately, so it’s possible that you may end up waiting to be sentenced. 

Your lawyer will know the court’s sentencing policies and should be able to let you know whether you should expect to be sentenced immediately.

Penalties for a misdemeanor vary by state, so it’s possible you may not face any jail time at all. However, that will depend on your location, and you’ll need to speak with your attorney. In Texas, a Class A misdemeanor can carry a maximum penalty of up to a year in jail and a fine of $4,000, but the maximum penalty here for a Class C misdemeanor is a $500 fine.

In addition to jail time and fines, other sentences for misdemeanors can include: 

• Driver’s license suspension
• Mandatory alcohol education programs
• Restitution to the victim
• Attendance at rehabilitation or a drug or alcohol court program

READ MORE: How long do you have to accept a plea deal?

Felony Charges: A Separate Sentencing Hearing May Be Scheduled

Though your plea deal may contain a sentencing recommendation, the judge is not required to follow it. If the judge disagrees with the proposed sentence, or the court system requires a separate sentencing hearing, you must wait. It could be a few weeks, or it could take several months. Again, this will depend on where the charges against you were filed, and whether or not witnesses need to be called. 

Some may eventually agree to the recommended sentencing, but prefer to schedule a separate hearing so that they have time to consider the details of the case and whether they believe the plea deal is fair.

The bad news is that you will not be able to withdraw your guilty plea if the judge doesn’t follow the recommended sentencing. The good news is that the separate sentencing hearing will give us an opportunity to argue on your behalf and present evidence as to why the recommended sentence is fair.

Separate sentencing hearings typically last anywhere from 30 minutes to several hours, depending on the amount of testimony involved, and can be held days, weeks, or even months after you plead guilty.  

During the sentencing hearing, the judge will consider the punishment range, any mitigating or aggravating factors, and precedents or trends. The defense and prosecution will also be given an opportunity to call witnesses, and defendants can present character letters, a briefing, or other evidence. 

If the judge accepts the sentencing recommendation outright, it’s possible that you’ll be sentenced immediately, particularly if the offense has a mandatory minimum sentence or involves a violent crime that raises the fear that you’re a danger to the community. Otherwise, violent offenders will likely have their bail rescinded and will be held in jail until you’re formally sentenced. This primarily applies to such crimes as murder, aggravated assault, aggravated robbery, kidnapping, or some types of sexual assault. 

READ MORE: Do you go to jail immediately after a plea deal?

Federal Charges: You’ll Probably Have a Separate Sentencing Hearing

If you’re facing federal charges, it’s unlikely that you’ll be sentenced immediately. 

A separate hearing will be scheduled, and both the prosecutor and your attorney will have additional time to compile evidence to present at that hearing. You could be waiting several months for sentencing. Multiple agencies may be involved in the process, witnesses will likely be called to testify, and the charges you’re facing are likely extremely serious.

More Commonly Asked Questions

Will I Go to Jail Immediately After Accepting a Plea Deal?

It’s possible. In some states, some levels of misdemeanor charges can include jail time. However, your attorney should have a good idea of the court’s standard procedures, and you should have at least an idea of the possible sentencing options before you accept the plea deal, and you should have at least a few hours to get your affairs in order. 

What Happens During the Plea Bargain Hearing?

Plea bargain hearings are typically short. The judge explains the charges against you and ensures that you understand the process. If the judge accepts the plea bargain, you’ll be instructed to enter your plea under oath. 

Most of these hearings are scheduled fairly quickly after you agree to accept the plea deal. They can take place within hours or days, particularly with misdemeanor charges.

Once a judge accepts the terms of the plea deal, sentencing is the next step. How long you’ll wait to be sentenced will depend on several factors, including:

• The charge to which you’re pleading guilty
• The jurisdiction
• Court protocols
• The judge’s preference
• Whether there are predetermined penalties for the offense at hand
• Whether witnesses need to be called