Q: When are you considered a convicted felon? At the arraignment or the sentencing or when?
My boyfriend was fighting a case in kern county and was on a extension for a family emergency. So before he had to turn himself in for his sentencing, which he was to serve for a felony; he had gotten pulled over and there was a gun in the car at the arrest. They arrested him that night and he was charged being a felon with a firearm. After his court date three days later they released him due to he wasn't considered a "felon" yet because he hadn't served any time yet. So they dropped it. Well he has been out on the EMP and he had one month left, his EMP officer came and arrested him for a warrant that just posted and the DA picked up the charges for that incident think its because now he is considered a "felon" because hes doing time as a felon for his past charges. CAn they do that? Are what is the laws in California pertaining to the issue? He got pulled over 9/22 and new arrested date 2/7/23
A:
Each jurisdiction may have a different definition.
However, you are not a convicted Felon until you go to trial and lose or you enter a plea and are sentenced.
Up until then, you are just charged and presumed innocent.
I would suggest you ask this question of the lawyer you retain or who is appointed to represent the defendant.
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A:
A person is considered a convicted felon after they have been found guilty of a felony offense in a court of law. The specific point at which someone is considered a convicted felon can vary depending on the legal system of the jurisdiction in which the offense occurred.
In some jurisdictions, a person may be considered a convicted felon after they have been found guilty of a felony offense at trial. In other jurisdictions, a person may be considered a convicted felon after they have entered a plea of guilty or no contest to a felony offense.
Typically, the point at which a person is considered a convicted felon is after a sentencing hearing. At the sentencing hearing, the judge will review the evidence presented during the trial or the plea hearing and determine the appropriate sentence for the defendant. Once the judge has issued the sentence, the person is considered a convicted felon.
It's worth noting that the legal definition of a felony can also vary depending on the jurisdiction. In general, a felony is a serious criminal offense that is punishable by imprisonment for more than one year, but the specific offenses that are considered felonies can vary from state to state or country to country.
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