Sentencing and Sanctions – Criminal Defense Attorneys

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Sentencing and Sanctions

Criminal Defense Attorneys at the Sentencing Hearing

It is vitally important for you to have a criminal defense attorney present with you at the sentencing hearing. At this hearing you will be finding out what your sentence will be and what factors contribute to the decision behind it. Your lawyer also need to be there, so he or she can gather the facts necessary to file post-conviction writs and appeals, particularly if it is a serious crime that could involve years in prison or even possibly the death penalty. If you feel you were poorly represented, you should contact a LawInfo Lead Counsel qualified criminal defense attorney now. You may be able to file a writ or appeal based on this fact which could change the outcome of your case. Contact a criminal law lawyer today.

Sentencing and Sanctions

In arriving at an appropriate sentence, a sentencing hearing may be held at which evidence of aggravating or mitigating circumstances is considered. The sentence hearing is also known as the "sentencing phase," "penalty phase" and "punishment phase." In assessing the circumstances surrounding a convicted person’s criminal behavior, state courts often rely on pre-sentence investigations by probation agencies or other designated authorities. Courts may also consider victim impact statements, particularly in sentencing defendants convicted of serious or particularly violent crimes.

Sentencing choices that may be available to judges and juries in state courts could include one or more of the following:

The death penalty (in states that have it);
Incarceration in a prison, jail, or other confinement facility;
Probation - allowing the convicted person to remain at liberty but subject to certain conditions and restrictions such as drug testing or drug treatment;
Fines - primarily applied as penalties in minor offenses; and
Restitution - requiring the offender to pay compensation to the victim.

Some jurisdictions offer alternatives to incarceration that are considered more severe than straight probation but less severe than a prison term. Examples of such sanctions include boot camps, intense supervision often with drug treatment and testing, house arrest and electronic monitoring, denial of Federal benefits, and community service. The defendant could possibly be sentenced to one of these incarceration alternatives, depending on the circumstances.

In many jurisdictions, the law mandates that persons convicted of certain types of crimes serve a prison term. Most jurisdictions permit the judge to set the sentence length within certain limits, but some have determinate sentencing laws that stipulate a specific sentence length that must be served and cannot be altered by a parole board.

Federal courts handle sentencing much differently than state courts because under the promise of "equal justice for all," the punishments associated with federal crime convictions are uniform throughout the country. Federal judges appointed by U.S. Congress are under the scrutiny of the U.S. Sentencing Commission and must strictly follow the guidelines established by the Commission. As a result, there is less flexibility in sentencing and less discretion exercised on the part of the judge. If you are convicted of a federal crime, check with a criminal defense lawyer on federal sentencing guidelines.

Should I hire a Criminal Defense Attorney?

If you are considering filing a motion or request to have your sentenced modified or for other post-conviction relief, contact your attorney right away. If you feel you were poorly represented in your case, contact a LawInfo Lead Counsel qualified criminal defense lawyer to see if you could file a motion or appeal based on this fact.