Sentencing

A sentencing hearing will be held if you enter a plea or are found guilty by a jury. At the hearing you will have an opportunity to speak with the judge. Prior to sentencing, we will discuss whether you should speak with the judge and, if so, what to say. The judge will also give myself and any other interested persons a chance to speak on your behalf. If you are entering a plea that has already worked out, it will be unnecessary for you to present any evidence during the hearing. However, if you are found guilty by a jury, or if you plead straight up to the judge without the benefit of a negotiated plea it will be necessary to present witnesses to testify to your character and to what type of sentence would be appropriate. If you are convicted of a felony offense, and it is your first time, many times a judge will order a pre-sentence investigation.

Pre-Sentence Investigation

If you plead guilty or nolo contendere, or are found guilty after a felony trial, the judge may postpone sentencing and order a pre-sentence investigation (PSI) for a first time felony offender. The PSI informs the judge of your background and helps the judge decide your sentence. A probation officer will question you and may question members of your family, your friends, witnesses in the case and your attorney in order to make this report to the judge. The PSI includes the cause and circumstances of the crime, your prior criminal record, if any, your reputation in the community, and background about your family, education, employment and health. If you are a candidate for probation, the PSI will include information about your plans for the future.

Be truthful with the probation officer since all statements are verified and untruthful statements are reported to the judge. HOWEVER, you should not discuss your knowledge of the crime for which you are convicted without permission from your attorney. Also, the PSI will discuss things like your lifestyle, behavior pattern and general attitude. PSI's often take several weeks. Your attorney will obtain a copy of the PSI and review it with you.

Sentencing Options

After a plea or a jury having found you guilty, a judge has several basic sentencing options to choose from. They include probation, community control (house arrest), and incarceration.

Incarceration

By its very definition, a criminal offense is as an offense that is punishable by the possibility of incarceration. If you are found guilty, plea straight up, or violate your probation, the judge always has the ability to sentence you to jail, limited only by the maximum penalty as set by law for the underlying offense.

Probation

When a person is being sentenced by a judge, the judge is often asked to consider whether a probationary or community control period would be sufficient to punish the individual and protect society. If a person is a first offender or a relatively new offender or, if the offense for which he is being convicted is not that serious, the person may be placed on a period of probation or community control. A person placed on probation usually has an individual with whom they must report at least once a month and who will monitor their situation to make sure that fines are paid, restitution is paid, community service is performed and jail sentence is completed.

Probation is a privilege -- not a right. If you are a first-time offender, this does not mean you will automatically receive probation. If you are placed on probation, the usual conditions include: 1) reporting regularly to your probation officer; 2) notifying and receiving permission from your probation officer before changing your address, changing your job, or leaving the county; and 3) leading a law-abiding life and not committing any other crimes.

Community Control

Community Control is very similar to probation except it is more intense and requires a greater amount of supervision on the part of the Community Control Officer. Many times people call community control house arrest. This is not completely accurate but it helps to illustrate the greater degree of supervision required in a community control sentence.

Violation of Probation

If you violate any of these probation conditions, or any special conditions required by the judge, the judge may sentence you to prison. If the violation of probation is a crime committed by you while on probation, the judge can revoke your probation without waiting until you are convicted of the new charge. A probation violation hearing will be held by the judge without a jury.