Los Angeles, California – After being found guilty of second-degree murder in a case involving the death of two young boys, Rebecca Grossman was immediately remanded into custody by the judge. Despite her plans to appeal the verdict, Grossman was sent to jail ahead of her sentencing, leaving many wondering how this is possible.
In criminal cases, when sentencing is not conducted immediately after a guilty verdict, there are several options available to the judge. The defendant may be kept in custody if they were already confined, ordered into custody right away, or required to post or remain on bail to ensure their appearance at the time of sentencing. In serious cases like murder, the presumption is against bail until the court is satisfied that the accused poses no significant risk of fleeing or causing harm to others.
In Rebecca Grossman’s case, her sentencing is scheduled for April 10. Prior to the guilty verdict, she had been out on $2 million bail. However, after the verdict, the judge decided to revoke bail, citing the serious nature of the offenses. Additionally, the district attorney argued that Grossman violated a protective order in the case, which may have influenced the judge’s decision. Despite being in jail, Grossman’s counsel can still present arguments to secure her release on bail during the appeal process.
When it comes to the sentencing hearing in a criminal case, both the prosecution and defense have the opportunity to present their arguments regarding the appropriate penalty. The rules of evidence are more relaxed compared to the trial phase, and there are specific time frames for handling sentencing.
The defendant has rights during the sentencing process, including the right to be present, represented by counsel, and present evidence on their behalf. They can also propose an alternative sentence different from what the prosecution seeks. This is different from the earlier arraignment where the defendant is informed of the charges, pleas, and verdicts.
During sentencing, various considerations come into play. If a defendant is convicted of multiple crimes, the judge decides whether the sentences will run concurrently or consecutively. Concurrent sentences mean the defendant serves the longest sentence, while consecutive sentences are served back-to-back.
In California, victims of crime may have access to compensation through the California Victim Compensation Board. For more information, visit victims.ca.gov.
Ron Sokol, a practicing attorney with over 40 years of experience, provides legal insights in this column. It is essential to note that this article serves as a summary of the law and should not be considered as legal advice or a substitute for consulting a qualified professional.