Los Angeles, just like any other federal jurisdiction, has its tendencies related to prosecutors and judges and how they handle sentencing cases. The Federal Sentencing Guidelines are a nationwide thing that each federal judge must consult when deciding what sentence to give a particular federal criminal defendant.
Defense attorneys, along with prosecutors, play a pivotal role in the federal sentencing process. They must consider the Federal Sentencing Guidelines when dealing with a particular case, discussing it with their client, and considering a host of other relevant factors.
However, it's important to note that the Guidelines are ultimately advisory. This means that the judge can go outside the Guidelines if they feel that it is warranted based on the facts and circumstances of a particular case and, of course, a specific defendant. This underscores the importance of a robust defense strategy to present your case effectively.
The judges, as far as sentencing goes in Los Angeles, range across the board from very fair/reasonable to more conservative/more harsh, and then, of course, there are some judges that kind of fall in the middle of that gambit.
Of course, this is a person's opinion who's been doing this for 26 years and has handled many federal sentences in the Central District of Los Angeles. I have a pretty good feeling for a particular judge's disposition. Still, you never really know how a judge will see a specific case and an individual defendant.
The best you can do is gauge what information in a particular federal criminal case might benefit a specific defendant related to the judge who will do the sentencing.
Probation Report
In federal sentencing in Los Angeles, a judge considers a wide range of factors in deciding a criminal defendant's final sentence. One of these factors is the probation report. The probation officer conducts an interview with the defendant, during which the defendant's attorney can provide information to be considered on the defendant's behalf.
Their attorney will likely be present during that interview, and the attorney can provide any information in writing or verbally to the probation officer to consider on the defendant's behalf.
The government will do the same, and then that particular probation officer will do a post-plea investigation looking into the defendant's background, looking at the police reports, and the investigation that was done on the case
They will review the indictment and the person's criminal record. Then, they will finally put together a report for the judge and make a recommendation based on that report on what they think the defendant's sentence should be.
So, that's one significant factor that a judge will consider in deciding what sentence to give a particular defendant.
Of course, if the report is submitted, the defense receives it, goes over it with their client, and sees that the sentence that's being recommended and some of the things being considered are not reasonable or fair.
The defense can object to that report and state the reasons for the objection. The judge can rule on those objections and consider how a particular defendant will be sentenced in a federal criminal case. So, that's one significant entity that weighs in on sentencing in a federal case.
Sentencing Position Paper
Another significant entity is the government. The Assistant United States Attorneys, the federal prosecutors, will get to submit a sentencing position paper on a Los Angeles federal criminal case, and the judge will consider that.
They're going to have to serve a copy on the probation department. They can respond to it. They'll also serve a copy on the defense. The defense can react to the government's sentencing position and either agree with it, argue against it, or ignore it and make their arguments about federal criminal sentencing.
Finally, the defense can submit their packet along with character letters and any argument relevant to the defendant's sentencing, and the judge will also consider that. At the federal sentencing in Los Angeles, both sides will get to argue with the judge orally. Finally, the defendant will get an opportunity to say whatever he or she wants, and then the judge will decide the person's sentence.
Contact Our Federal Criminal Lawyers for Help
So, there's a lot that goes into federal sentencing. In my experience, the best thing to do is not just to say things just to say them, but to say them because they have meaning and they bear on the person's background, what happened with the crime, and the defendant's prospects for a future law-abiding, successful life.
Those are a lot of the things that the judge is going to look at in general, in addition to what happened to the victim in the case — how much the defendant was involved and really what the impact of what the defendant did in the federal criminal case when deciding what a sentence might be in a Los Angeles criminal court.
So, I have a pretty good background, having handled a lot of cases in Los Angeles, and I think I can speak pretty accurately about what you're up against and some moves that you can make if you've got a Los Angeles federal criminal case that you're ultimately going to get sentenced on.
Hedding Law Firm is a criminal defense law firm with extensive experience in federal sentencing cases. We are located in the San Fernando Valley area of Los Angeles County and are ready to provide you with the expert legal representation you need.
