A sentencing hearing is a final step before imprisonment or probation based on the extremity of the crime committed. A sentencing hearing consists of the defense, defendant, prosecution, and judge examining the evidence, while the defendant pleads their case in hopes of persuading the final verdict into a more favorable outcome. A reputable law firm like Victory Legal USA has the best and experienced lawyers that can help you solve your case!
Having an educated and experienced criminal defense attorney who knows the ins and outs of criminal defense laws can ease the intimidation of a sentencing hearing and prepare an offender on what to expect. So if you or a loved one is facing a sentence hearing, then make sure to hire a competent criminal defense lawyer who can defend you in court.
Steps Before the Hearing
As per Aric Cramer, Attorney at Law, there are a few steps before the hearing from both sides of the defense.
Preparing for the sentencing hearing is the top priority because it equips the defendants with the knowledge of what will come in the days leading up to the sentence. A defendant should understand their rights, know what is displayed in their presentence report, and also review any plea agreements with their criminal defense attorney if they have entered into a plea contract.
Sentencing guidelines vary from federal to state crimes, so the attorney must be well-informed on the proper sentencing guidelines and critical components for their defendant’s case like the minimum and maximum sentencing policies.
The Sentencing Hearing
A sentencing hearing can range from minutes to weeks depending on various elements. What is written in the plea agreement, if any enhancements are presented in the case like the use of a firearm, the manner in which the crime was committed, type of offense, or any previous criminal history? A pre-sentencing report can impact a judicial verdict, displaying the pattern of the defendant’s behavior during probation or parole. Did the defendant maintain employment? Was the defendant involved in any precarious activity prior? Did the defendant meet all the probation or parole requirements with their supervising officer? All of these factors can sway a court ruling which the court relies on heavily in determining adequate sentencing. Based on the sentencing reform act guidelines for federal and state, a defendant can serve a 0 to 9-month sentence for minor charges or life imprisonment for major felony cases.
Sentence Reductions and Adjustments
Displaying an attempt towards rehabilitation positively influences a sentencing hearing. A lifestyle reform such as taking classes toward drug dependence and alcoholism, AA, or anger management shows that the defendant understands their personal issues and aims to rectify their situation. Active good behavior for themselves or for the community demonstrates improvement which an attorney can present in an argument for a lighter sentence or penalty adjustment. Complying with all court orders prior to a hearing also warrants a lighter sentence if the judge is certain the defendant comprehends the seriousness of the charge and is working towards betterment. Criminal defense lawyers at https://canyonstatelaw.com/peoria-criminal-defense-lawyer/ can offer you advice on the best way to approach your case and help navigate you through the criminal justice system.
Appeals
In the event that a defendant or an attorney feels their case deserves an appeal due to an unfair ruling, they have the option to file an appeal of the conviction. An appeal requires the permission of the court to assess any errors in a criminal proceeding or unlawful verdict, which does not guarantee a change in outcome. If a hearing reaches this step, it is crucial to get in touch with criminal lawyers skilled in appellate work.
Sentencing hearings vary case by case, the federal and state sentencing guidelines change significantly based on the type of crime committed, and any previous offenses. The proficient and knowledgeable Cobb Law Florida defense attorneys have worked with numerous criminal cases and have a positive client case track record. For more information on the sentencing process and the rights, you may be entitled to, contact one of our Florida offices near you for a free consultation.