A typical felony statute delineates the most sentence for the underlying offense. For instance, underneath DC criminal law, an aggravated assault charge carries a maximum penalty of ten years in jail, additionally to a $ten,000 fine. But, just as a result of there's a most sentence, all is not lost when a conviction. There are ways to help minimize the prison term, or maybe reduce it to time already served. Criminal attorneys will want to research which of the below procedures are out there in their respective jurisdictions.
Pre-Sentence Investigation:
Typically times, when the court sets a sentencing date, it will conjointly order a pre-sentence investigation (PSI), ordinarily to be conducted by a probation officer. The most purpose of the PSI is to assist the court confirm an appropriate sentence for the criminal defendant. Increasingly, the report can also help frame the issues for the court to think about at the sentencing hearing.
The investigator typically obtains info by interviewing relevant third parties and also the defendant, and reviewing documents. Typical third parties include the victim, the defendant's family and friends, employers, college personnel, doctors and therapists. Typically the probation officer can speak with the defendant's criminal attorney, the cops or the investigators. Documents may embody the court file, any plea agreement, criminal history, educational records, medical records and something else the investigator may deem relevant.
The PSI offers varied opportunities for the defendant. It is necessary for the defendant and the criminal lawyer to totally cooperate during the course of the PSI, as often times the court can place great weight on the report generated.
Sentencing Pointers:
Most jurisdictions use some kind of guidelines for the purpose of assuaging sentencing disparities in criminal cases. While pointers typically verify sentences based mostly primarily on the conduct related to the offense and therefore the defendant's criminal history, departures from the rules could be allowed in cases involving extenuating circumstances. The most notable basis for departure is when the defendant offers substantial help to the authorities; but, there are various others. The criminal lawyer ought to explore any sensible religion arguments for a departure below the guideline sentence.
Third-Party Statements:
Sworn statements, letters or even testimony of third parties at the sentencing hearing may be helpful to the defendant. Typically relations and close friends offer the most effective third party statements, as a result of they both apprehend the defendant best and are most likely to form useful assertions.
Allocution:
Everything comes together during the sentencing hearing, at which time the defendant and his criminal lawyer will have the opportunity for allocution. Some jurisdictions hold this as an absolute right, and a sentence might be overturned in its absence. Allocution is occasionally used when a defendant pleads guilty to a crime in exchange for a reduced sentence. Literally that means "to talk out formally," this can be the opportunity to employ the PSI report, the sentencing pointers and any third party statements, to craft an argument for a lesser sentence.
Conclusion:
While the above are mostly utilized in felony cases, there are circumstances where the identical can apply to a misdemeanor charge (suppose repeat DUI, for example). Ideally, the lawyer can have spoken to the defendant about all of those procedures before trial. So, if the jury returns a guilty verdict, the defendant acts accordingly and doesn't dig a deeper hole out of that to climb.
Author Resource:
Adam has been writing articles online for nearly 2 years now. Not only does this author specialize in Criminal Law - What Happens After a Guilty Verdict Or Plea?
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