If I am convicted of a crime, will I be taken into custody immediately?

The answer is, if you’re convicted in federal court, you probably will be, not definitely, but probably. If you’re convicted in state court, depending on the crime, you probably will be. Now, having said that, very often, we as defense lawyers can work out what’s called a voluntary surrender, in other words, that you come back after 30 days, 45 days, 60 days after we get you designated to a certain institution or after the prison system designates you when you surrender directly there or you surrender back in court, or you surrender to the Marshalls and they take you to the institution. It’s much, much better if you can get a voluntary surrender date. If you’re convicted after trial, though, the odds are especially in federal court, you’ll be taken into custody on the spot. That’s why you need an experienced federal criminal defense lawyer in at all federal cases, experienced state criminal defense lawyers in state cases, so that everything that can be done for you will be done. You certainly don’t wanna be convicted and you certainly don’t wanna be taken into custody on the spot. You want time to get your life together, if you’re going to have to do time, and you want the best possible lawyering to help you every step of the way.

By Jeffrey S. Weiner, P.A.