Sentencing:  

When the defendant is convicted of a crime there will be a sentencing hearing.  Convictions occur when a jury renders a guilty verdict after trial, or the defendant enters into a disposition requiring a guilty plea.  Many dispositions are accepted when the crime charged is reduced to a lesser offense. 

The sentence hearing judge will determine the appropriate punishment and will impose conditions for probation.  The judgment and sentence is a creation of the court’s discretion.  There are some crimes that bind the judge in determining punishment.  DUI for instance, requires Mandatory Minimum DUI Penalties that the judge must at least impose. 

Before a sentence is imposed the prosecution will make a recommendation on behalf of the government.  The prosecution will focus upon the facts of the incident, past criminal history, and may even highlight substance abuse problems as a cause of the criminal behavior. 

Defense counsel will make a recommendation for punishment as well.  An experienced attorney will discuss the sentencing hearing prior your appearance.  The defense will discover every possible fact placing the defendant in a more favorable light.  There are many persuading factors to accomplish this objective.  The defense lawyer’s recommendation and argument will be tailored specifically for each defendant. 

Upon hearing from both lawyers the judge will invite the defendant if they would like to make a statement.  This is voluntary and the defendant may remain silent, however it is always wise to discuss with your attorney if it is wise to respond.  After the defendant’s allocution the judge will impose a sentence.   

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