How to Prepare for Sentencing
Sentencing is usually the most important day of a person’s life. It’s important for anyone accused of a crime to prepare accordingly. The sentencing hearing is the time to demonstrate a Defendant’s true character and argue to the Judge why a Defendant’s situation is different from other cases and why leniency is appropriate.
The Pre-sentence Report:
After a guilty finding, whether by a verdict or change of plea, the Judge will order a Pre-sentence report to give them information about the allegations in the case, the Defendant, and the sentencing range. The Judge will rely on the Pre-sentence report to provide them with information for sentencing.
Prepared by the Probation Department, the Pre-sentence report will summarize the crime, the outcome, any statements made by a Defendant about the crime, any victim input, and the Defendant’s background, including criminal history. If probation is available, the probation officer will complete a risk assessment and report the findings to the Judge. The writer will let the Judge know whether the Defendant is an appropriate candidate for probation and if the probation Department is willing to supervise.
It is important to approach this meeting with as much professionalism, respect, and positivity as possible, as this report can “make or break” a person at sentencing.
This document can have an enormous influence on a person’s life. Too many Defendants underestimate the importance of preparing for the interview. In addition to influencing the Judge’s perspective before sentencing, the PSR will influence the journey through prison (if incarceration is imposed) and the person’s prospects for early release or liberty after release. The Pre-sentence report may also be available to a person doing a background check in the future.
The probation officer will ask about the crime. If a guilty plea was accepted, it is important that a Defendant admit guilt and accept responsibility during the interview. This is not the time to blame others or circumstances. At this point in the process, a Defendant should express an understanding of the wrongfulness of the actions, and a plan to avoid committing similar (or any) crimes in the future.
Sentencing:
At the sentencing hearing, the Judge will want to know about the Defendant and how they ended up at the point in life where the crime was committed. Defendants and their attorneys should take the time to help the Judge understand the defendant: Who they are, what they did, and why it’s not going to happen. The Judge needs to see the Defendant as a human—beyond the police report, charging documents, and court file.
The Judge will want to know a plan to avoid getting in trouble again. The goal is to show the judge why leniency is appropriate. Judges want to be convinced that the proposed sentence will address the goals of:
Rehabilitation;
Deterrence (for both the individual and others); and
Protecting the public.
How to best position yourself for Sentencing:
Begin rehabilitative efforts immediately. It is one thing to tell the Judge plans for rehabilitation and it is another to present evidence of steps already taken. Some examples of things that will demonstrate efforts at rehabilitation include:
Drug or alcohol treatment programs;
Anger management or domestic violence treatment/classes;
Change in living arrangements;
Gainful employment;
Attending AA meetings;
Community Service;
Counseling.
Be sure to document your efforts with certificates and/or letters from treatment providers, counselors, and employers. Medical records, school records, and photos can also be helpful. If you provide the documents to the criminal defense attorney, she will deliver these documents to the Judge and the prosecutor before sentencing.
Character Letters:
Character letters are important because the defense must back up the Defendant’s story by other means. Character letters should attest to the Defendant’s good character, remorse, or suffering, and any rehabilitative steps are taken to reform and make amends. Great letters will describe the difference the defendant has made in their lives through especially charitable or noble deeds.
Sometimes, it’s important for someone close to a Defendant to tell stories of trauma, loss, or mental illness to help the Judge understand how the Defendant ended up in the circumstance.
Character letters are not the place to complain about the offense or the unfairness of the criminal justice system. Writers should be careful to avoid making excuses for the Defendant’s conduct. Authors should not simply rattle off vague descriptors such as “he’s a good brother,” “he works hard,” or “he’s kind and charitable.” Instead, tell detailed and heartfelt stories that bring those qualities to life. Authors can include photographs or other information to help personalize the Defendant.
Records:
Records are another way to bolster a Defendant’s case for leniency. These can include school records, medical and mental health records, proofs of counseling, employment, and certification records.
A Defendant’s Letter:
Although Defendants will get the opportunity to speak in Court, the Judge will review all documents submitted before sentencing. Writing a letter can help tell the Defendant’s story in advance of the court’s sentencing hearing.
Sincerity is important. Defendants should be sure to sincerely:
Apologize to the victim(s), if any;
Express remorse;
Explain concrete plans for the future in order to avoid getting in trouble again.
What to Expect in Court:
Usually, the Judge has already made up her mind before Court, and with a crowded courtroom, lengthy arguments are not preferred. The Judge will allow the prosecutor, the defense attorney, any victim(s), and the Defendant to make arguments about the appropriate sentence. After hearing the arguments, the Judge will issue a statement of reasons, make findings, and impose a sentence.
What to say:
A Defendant has the right to testify at sentencing, but it is easy to do more harm than good. Avoid making excuses. Instead, let the Judge know you are remorseful, and that you will do whatever it takes to avoid getting in trouble again. A great speech at sentencing is a brief and sincere-sounding apology to the victims and the court. Remember that Judges can punish a Defendant more harshly for a lack of remorse and failure to accept responsibility.
A person facing sentencing for felony charges should always follow the advice of their own attorney who has a full understanding of the facts and allegations as well as a mitigation strategy at sentencing. Amanda Bynum practices in Tucson, Arizona. This information is meant to provide information to criminally accused individuals and their loved ones, friends, and family members about what to expect during the sentencing process in Pima County Superior Court for felony Sentencing hearings.
