If you are a criminal defendant who has been found guilty of a crime at trial, the next step in the process is the sentencing hearing. During this stage of the process, a defendant finds out the penalties they will face in terms of jail time, fines, community service or probation.
The more prepared you feel for the sentencing portion of the process, the more in control and potentially, less anxious you will be. Here is a general guideline that you can review with your attorney to ensure that you are prepared for your sentencing hearing.
What Is Sentencing?
Sentencing is the process in criminal law where a judge determines the appropriate punishment for a person found guilty of a crime. This penalty phase comes immediately after a conviction or guilty plea.
When Does Sentencing Occur?
According to Mass.gov, “sentencing occurs after a defendant has either pleaded guilty or been found guilty after a trial. Following a guilty verdict or plea, the court holds a sentencing hearing to determine the appropriate punishment. The District Attorney is required to move for sentencing within seven days of the guilty plea or verdict.”
What Is a Sentencing Report?
In Massachusetts, a sentencing report is more formally known as a Presentence Investigation Report (PSIR).
This document is prepared by a probation officer for the court prior to the sentencing hearing in a criminal case. The report provides a complete overview of the defendant’s background, including their criminal history, social history, and the circumstances surrounding the offense. This report assists the judge in making an informed decision regarding the appropriate sentence.
What Happens at Sentencing?
The sentencing hearing typically involves arguments from both the prosecution and defense, who present their respective views on the sentence they believe the defendant should receive. They include reports or recommendations, as well as statements from victims or the defendant.
Before the actual sentencing hearing, a judge will examine the presentencing report. Once in the sentencing hearing, both sides will be able to argue their case about the extent to which the defendant will receive penalties for the crime. Part of this argument could be a victim’s statement, where an individual or a family member of someone impacted by the case is allowed to make a statement, either written or spoken to the court. In this statement, they discuss how the event affected them.
The judge may also read a sentencing memorandum submitted by your attorney asking for a lighter sentence. The memorandum will likely highlight positive aspects of your character, any mitigating circumstances, relevant legal case law to support the request, and rehabilitative efforts, such as treatment or counseling, that have been undertaken.
The defendant also has the legal right to speak at their sentencing hearing. You should determine if this is the right course of action with the advice of counsel.
After considering each of these points and arguments from both legal sides, the judge will then impose their sentence. This could include jail time, fines, probation, community service or rehabilitative services. The judge will give you detailed information about when and where the penalties will be served and/or paid.
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