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Headed to Prison Dedicated to those who are facing incarceration. What to expect; what you can do to prepare; Q&A's; support.

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Old 01-09-2011, 01:13 AM
Kybred4492 Kybred4492 is offline
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Default Delayed Surrender and/or Self Surrender

I have heard that sometimes a judge will allow someone to self surrender at a later date, say 30 days later, so they may get their affairs in order. Is this possible, and if so, what are the requirements for doing that? Anything I can do now to help my case for getting a delayed self surrender date?
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Old 01-09-2011, 12:52 PM
bellisq bellisq is offline
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Is your case Federal? Self-surrender of up to a couple of months is not unusual for federal cases, except if it is a drug or SO/CP case.
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Old 01-09-2011, 05:58 PM
Kybred4492 Kybred4492 is offline
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Is your case Federal? Self-surrender of up to a couple of months is not unusual for federal cases, except if it is a drug or SO/CP case.

This is a State case
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Old 01-09-2011, 07:54 PM
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This is a State case
It's pretty rare in State cases...you would have to work with your attorney on this. I've heard of it in a couple of cases, with very special circumstances, but it doesn't happen often.
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Old 01-10-2011, 09:07 AM
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Get your ducks in a row now sweetie. Hope for the best and expect the worst.
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Old 01-10-2011, 11:20 AM
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Default State Usually Does Not Allow You

I would advise you to get your affairs in order prior to your sentencing if you know that you are going to jail/prison - the reasoning for this - is because up until your sentencing date you should have had amply time to prepare - the only suggestion I would recommend if you are not prepared is to ask your attorney for a "continuous" that way you can prepare - keep in mind the "continuous" has to be a valid reason and the judge and the prosecution both must approve - I could had my sentencing continued when I found out my Aunt died two days prior to my sentencing however I did not want to prolong the inevitable and I went ahead with my scheduled sentencing hearing

So again, please get your affairs in order because you most likely will go that day

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Old 01-14-2011, 03:00 PM
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With me, my lawyer told me ahead of time that I would be self surrendering if given a prison sentence.

I was sentenced on Dec 11th 2010, and got a 4 month Federal Prison sentence with a self surrender date for Jan 11th 2:00PM (30 days).

I just got my paperwork today telling me where I am headed.

Because of the Holiday season, my paperwork was delayed and an extension date for Feb 8th 2011 is now my surrender date.

My case is federal and drug related. I live in Vermont and got sentenced to MCC NY.

Most definitely speak with your lawyer about this, he/she will have a better idea about self surrender with (hopefully) the years of experience under his/her belt dealing with similar cases to yours.
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Old 01-15-2011, 05:05 PM
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Quote:
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With me, my lawyer told me ahead of time that I would be self surrendering if given a prison sentence.

I was sentenced on Dec 11th 2010, and got a 4 month Federal Prison sentence with a self surrender date for Jan 11th 2:00PM (30 days).

I just got my paperwork today telling me where I am headed.

Because of the Holiday season, my paperwork was delayed and an extension date for Feb 8th 2011 is now my surrender date.

My case is federal and drug related. I live in Vermont and got sentenced to MCC NY.

Most definitely speak with your lawyer about this, he/she will have a better idea about self surrender with (hopefully) the years of experience under his/her belt dealing with similar cases to yours.
You went Federal that is why you as SS - most State's when you are sentenced you are taken that day - Fed's and State two different ball games
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Old 01-15-2011, 05:44 PM
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You need to have compelling reasons why you shouldn't be taken into custody at the time of sentencing. Basically, it has to be a significant disservice to society to take you then and there, and that just usually doesn't happen.

If you own a company and have employees and need to make arrangements for you 12 kids who you take care of by yourself, and you need to hire somebody to take care of or sell your farm so that the taxes are paid and the cows are fed, then maybe you'll get self surrender. If you're donating a kidney or bone marrow to your niece who won't be ready for the surgery for another week, AND you're the only match available, then MAYBE, you'll be allowed to self surrender.

Barring extraordinary circumstances, you should be using this time before sentencing to get all your ducks in a row.
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