How long after a trial do you get sentenced?

Asked by: Donnell Reichert  |  Last update: January 31, 2026
Score: 4.2/5 (69 votes)

After a criminal trial, sentencing typically occurs weeks to months later (often 1-4 months) to allow for a pre-sentence investigation report, though it can sometimes happen immediately or be delayed for complex factors like cooperation, depending on the jurisdiction and case specifics. Federal cases often have a standard delay (e.g., 3-4 months), while state courts might schedule sentencing within 90 days.

How long after trial do you get sentenced?

If a defendant pleads guilty or is found guilty by a court, they will become an offender and will need to be sentenced. Sometimes the offender will be sentenced immediately after the trial. Sometimes another court date will be set for the sentencing hearing.

Do you go straight to jail after a trial?

you would typically be locked up following sentencing, which occurs some time after the jury's verdict. However, the judge could revoke your bail after the verdict comes in; in which case you would go to jail that day...But seriously, you'll be alright.

How long before sentencing takes place?

If a defendant is convicted by either pleading guilty to a charge, or by being found guilty after a trial, sentencing will take place about seventy-five days later if the defendant is in custody, or about ninety days later if the defendant is out of custody.

Why does sentencing take so long after a trial?

Sentencing can be delayed until the effect is known because that usually impacts what the sentencing recommendation is--so it can be in the defendant's best interest to wait in the hope of received a more favorable recommendation from the US Attorney and Probation.

What to Expect at Your Sentencing Hearing!

24 related questions found

How soon do you go to jail after sentencing?

How long after sentencing you go to prison varies greatly, but it can range from immediately (especially in state cases for serious crimes) to several weeks or months in federal cases, often allowing time for "self-surrender" to organize affairs, though this depends on the judge, case specifics, and flight risk. You might stay in county jail temporarily for processing before transfer to a designated prison, which takes more time in the federal system for placement. 

What color do judges like to see in court?

Judges generally prefer neutral, conservative colors like navy, gray, black, and white, as these convey seriousness, respect, and professionalism, avoiding distractions in a formal court setting; bright colors, bold patterns, and overly casual attire should be avoided to show you're taking the proceedings seriously. While some suggest lighter, muted tones (like light blue) might leave a favorable impression, the key is sobriety and fitting in, not standing out.
 

Does sentencing always mean jail time?

Sentencing does not necessarily mean you will go to jail or prison. A judge can dictate different types of sentences that may not require imprisonment. For instance, a judge may sentence you to a suspended sentence. Suspended sentences happen when the judge rules but does not carry out a sentence.

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

What is the 72 hour rule in jail?

The "72-hour rule" in jail generally means law enforcement must bring an arrested person before a judge or file formal charges within 72 hours (excluding weekends/holidays) of arrest, or the person must be released, though this is a guideline, and delays (especially for lab results) can occur. This initial appearance, called a preliminary hearing or arraignment, determines bail and appoints counsel, influencing the case's early direction.
 

What happens after your trial?

The Judge's Decision and Final Order

After all testimony and evidence have been presented and reviewed, the judge will make a decision. This ruling can sometimes be delivered immediately from the bench, or the judge may take the case “under advisement” before issuing a written decision.

Do you stay in jail while waiting for trial?

Typically, a suspect will be remanded only if it is likely that they could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.

How long after sentencing are you executed?

In 2021, an average of 233 months elapsed between sentencing and execution for inmates on death row in the United States. This is an increase from 1990, when an average of 95 months passed between sentencing and execution.

What is the longest a trial can last?

Anywhere from a few days to 5+ years. Longer if you count cases remanded on appeal. This will also vary a lot according to the speedy trial laws in a jurisdiction, and whether the defendant is being held in pretrial custody or is out on bail or recognizance release.

What happens after a case goes to trial?

Jury Deliberations & Announcement of the Verdict

After being charged, the jury goes into deliberation, the process of deciding whether a defendant is guilty or not guilty. During this process, no one associated with the trial can contact the jury without the judges and lawyers.

Why is sentencing delayed?

By postponing the sentence, the court allows the defendant to prove that they aren't likely to commit another crime and do not need to be immediately sentenced for the public good.

What is the stupidest court case?

We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.

Which lawyer wins most cases?

There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins". 

What happens to 90% of court cases?

According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."

Do you go straight to jail after sentencing?

The defendant may be taken into custody immediately. Do you go to jail immediately after sentencing? In most felony cases, yes — but in some cases, the judge may allow a delayed surrender or grant probation. Jail time may also be reduced by time served.

Who decides how long a sentence is?

Role of Judges in Determining Sentences

Judges are pivotal in the criminal justice system, particularly in sentencing. They are tasked with the weighty responsibility of determining the appropriate punishment for convicted individuals.

How do judges decide sentences?

To decide the sentence, the judge considers the facts in the case, the sentencing guidelines, and other sentencing laws. If either side wants, they can argue what sentence a judge should give at a sentencing hearing.

How to tell if a judge is good?

A good judge needs to be even-tempered, yet firm; open-minded, yet willing and able to reach a decision; confident, yet not self-centered. Mental and physical capacity to fulfill the duties of judicial office.

How to look more innocent in court?

Individuals should stick with darker, more serious colors and avoid bright colors, intricate patterns, or any non-traditional fashion choices. While women and men may wear different clothing, both genders should conceal any visible tattoos and wear their hair in a trimmed, combed or styled fashion with a natural color.

How to impress a judge in court?

To impress a judge, be prepared, respectful, and credible by dressing appropriately, arriving early, knowing your case thoroughly, staying calm and polite (using "Your Honor"), speaking clearly and directly, avoiding exaggeration or opinion, and showing active engagement through note-taking. Judges value clarity, honesty, and efficiency, so provide easy-to-understand facts and solutions rather than emotional outbursts or unrequested details, allowing your attorney to handle communication.