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When someone gets arrested and they are serving more than a year, they would go straight to prison after court, right?

I'm trying to get information on my dads arrest and I guess his records haven't been updated or something but one thing did change. So he was arrested Thursday, went to court today and now he's back in jail but in a different section of the jail. Does this mean my dad is getting less than a year in jail? Will they transfer him to prison later on? Please let me know of any information you guys have, thanks.

5 Answers

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  • Bruce
    Lv 7
    4 years ago

    No, you do not go straight to prison. You are normally held in jail until they determine which prison you will be sent to. That can take weeks.

    The jail may have different sections for those awaiting trial and those already sentenced, so that doesn't tell you anything.

    The length of his sentence will determine if he is transferred. If his sentence was a year or less, he will stay where he is. Over a year and he will go somewhere else. If he wasn't sentenced yet, then the court process isn't over yet and he will stay put. The court process could take several months.

    Source(s): 24 years law enforcement
  • 4 years ago

    No, wrong.

    They usually stay in jail until (1) they are convicted or plead guilty, and (2) they are sentenced. If there is a trial, then they usually don't go to prison until after the trial.

    They almost never go to prison right after the first court appearance.

    At this point, they probably don't even know if he is getting less than a year in jail, because that decision isn't made until very late in the process, usually at the end. Even if they did know, the transfer to prison could be delayed for many reasons.

  • 0110
    Lv 7
    4 years ago

    Not in my county. It takes a bit of time. Basically the state DOC bus comes every week but there is also processing time.

    Then in my state they may not get listed for another 2 weeks or so because they are at an assessment center where DOC decides on their needs, their danger to themselves and others etc. Then they send them to an appropriate prison.

    Then yu will be able to access online the prison, mail requirements, canteen requirements and info like projected release date.

  • 4 years ago

    Not if they are rich/and or famous. Then they get time to get their affairs in order.

    Unless he was convicted today or pleaded guilty, then he's still waiting for trial. So it doens't 'mean anything. With a prior conviction, he might get more than a year, depending on the crime.

    Source(s): retired lawyer
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  • 4 years ago

    yes

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