Sentencing is usually the last time you’ll be before a judge as it pertains to your criminal case. During this time, the judge will typically make a statement in regards to your actions and the case itself before rendering a sentence. It may seem like this process is entirely out of your hands, but that’s not exactly true. In today’s blog, we share some tips for how you can attempt to influence or control certain aspects of sentencing.
Influencing Your Sentence
Even though the judge will ultimately be the one to hand down your sentence, that doesn’t mean that it’s completely out of your hands. There are a number of things you can do prior to sentencing to help control or reduce your potential sentence. Some of those things include:
Plea Bargain – If it seems unlikely that you’ll be found not guilty, you may consider working with the prosecution to see if they would be willing to end the case early in exchange for a guilty plea to a lesser charge or in exchange for some say in your potential penalties. The judge will have to sign off on it, but many times you can plead guilty to a lesser charge and limit your potential sentence maximums.
Personal Statement – You may also write a personal statement to be included in what’s known as a sentencing memorandum. This is a brief put together by your criminal defense attorney that helps to personalize yourself to the judge and paint a clearer picture of who you are as an individual out of the courtroom. Showing remorse and committing to changing your lifestyle in this statement can help influence a judge’s decision.
Letters From Friends and Family – Friends and family members can also submit written statements as part of this sentencing memorandum. These letters should speak to your character and show that you have a support system that will help you move past the conviction and get your life back where it needs to be.
Photos – A few photographs may also be included in the sentencing memorandum that will be presented to the judge. Again, this can help show that you are important to your family and your community, and that others may be negatively affected by a harsh sentence. Making the defendant seem more like a normal person can help influence a judge’s sentencing order.
Lawyer – Finally, your lawyer can also issue a statement at sentencing in an attempt to help push for a specific sentence or avoid certain aspects of a sentence. There’s no guarantee asking for certain conditions will influence the judge’s decision, but a well-reasoned statement from your lawyer may be the last card you have to play before the judge issues their decision.
For help with any aspect of your criminal case, reach out to Avery and the team at Appelman Law Firm today.
