I am scheduled for sentencing in October on two counts of healthcare fraud and my biggest question right now is will I immediately be incarcerated after the sentencing hearing? I am currently out on my own recognizance. I have no criminal record and am a Gulf war veteran but I must admit that I am terrified with the prospect of going to prison on any level for any amount of time. Can anyone provide some insight?

When my b/f went for his sentencing he wasnt in custody either. They gave him a couple months to get his affairs in order before he had to self surrender this past Monday. Worst day of my life I might add...and i am sure it was his as well. He got 51 months.

i think that you attorney has to request self surrender or you will be taken into custody immedicately.

I was sentenced on Thursday 8/28 of tax evasion and mail fraud for 30 months, my story is posted in the Road to Prison and Bio forums. The prosecutor told the judge that I was a huge flight risk. Why, I have no idea. I am a single mother of a 9 year old son, lost my job over all this. And they only gave me 4 days to arrange custodial care of him, 1 business day, to report on Tuesday 9/2 by 1pm. I have every intention of appealing but they have come down so hard on me for no reason. No one can understand what is happening, the press, the community, and 3 attorneys.

It is reasonable to assume that when you are sentenced you will be given the opportunity to self surrender - "if you request it". Sometimes a judge orders it when it isn't requested; by why take that chance.

Have your attorney make the request for you. If you have followed directions while on pretrial, then you should have little problem with having the opportunity to self-surrender being granted.

As for the time between sentencing and the date you must self-report, you need to give some really good, solid reasons why you might need, 1 week, 1 month, etc.. I've seen as little time between those two dates as a couple of days to as long as 2 years. But you've got to have verifiable reasons.

Good Luck
GyG

Oklahoma's county courts will (or are supposed to) give you a choice between a 10 day wait before transportation to the reception center, or immediate transportation. However, with the overcrowding situation still at hand, you will end up sitting in jail for a short while.

Hope this helps!

Brian

My husband was sentenced and taken right away. They would not even let me kiss or hug him. They told me to leave room and then took him.

I was told that if you are out on your own recog, you will automatically be self surrender