Sentencing in Criminal Defense
Sentencing in criminal defense is obviously an important aspect because, in Los Angeles County, that's when the judge decides what the punishment will be for whatever crime an individual has committed.
What's interesting in Los Angeles County and many other counties is that most of the time, the judge is going to do the sentencing. It's already a foregone conclusion. In other words, most cases in Los Angeles and elsewhere are negotiated between the prosecutor and the defense attorney, and then the defendant agrees, and the case is put in front of the judge for sentencing.
So, the judge will now, through a formality, decide the sentencing and agree with the prosecutor and defense attorney's recommendations.
Of course, there are exceptions to that. If there is a jury trial and a person is found guilty, then the judge gets to sentence them. The prosecution can have its say, and the defense attorney can have its say, but ultimately, the judge controls the sentencing in that scenario.
Other times, there's a plea and a top put on a case. For example, someone can plead to something, and there would be a two-year top, and the judge would decide. In that case, the judge would have the power to decide to give the person up to two years. They could give them something less than two years, but that would give the judge some control as well.
Probation Violation
If somebody violates their probation to the judge the judge would control the sentencing in that situation. They would hear from both parties and then make the sentencing. As far as what is available for sentencing, there are all sorts of things that a judge can sentence.
A criminal judge can sentence a person to prison, jail, probation, Caltrans, or community service. There's a whole array of different punishments available to a criminal judge depending on what the person did, their criminal record, whether they injured somebody, and a host of other factors.
Again, this is dependent upon the person's crime, who they affected, and what their background looks like.
Criminal Defense Strategy in Sentencing
So, sentencing is very important. There is definitely a strategy to them depending on the case. If you have a situation where you or a loved one is going to be sentenced in a case, you've got to huddle up with your criminal defense attorney as quickly as possible and make sure you get a plan for exactly how you're going to deal with the sentencing.
Suppose the sentencing is up in the air, and the judge is going to decide on it. In that case, you must get together the mitigating factors to get the best sentence possible in Los Angeles County – character letters, maybe witnesses to testify at the sentencing.
I often write a sentencing memorandum for the judge. There is also an oral argument at the sentencing. Often, the person can also speak at the sentencing. Additionally, the victims can speak at the sentencing.
So, you've got to know the ground rules of criminal sentencing in Los Angeles so that you can do whatever is necessary and possible to help your lawyer. You need to know the rules to be able to help, and also, you want to know what your lawyer is going to do for you.
It's crucial that at sentencing, that's the time when everything has to be put together, and you have to get the best possible result because once the sentencing happens, that's usually it. You can try to appeal. You can cry about it, but that's your sentence, and you're going to have to live with it.
So, the key is to really be prepared and ready to go when it comes to criminal sentencing and to make sure that you get the result that you must have to get out of the criminal justice system as fast as possible and move on with your life.
