Get Ready Before Sentencing

My lawyer wasn't truthful with me when I first hired him to represent me. I was young and hadn't been through the criminal justice system. He told me what I wanted to hear rather than what I needed to hear. I remember him telling me that there was a big difference between an indictment and a conviction, and with the right amount of money, a person could prevail and likely avoid a sentencing hearing.

Most lawyers are not so unethical. It would have been far better for him to explain the true danger I had placed myself in. I would have liked to have known the information I learned after my judge sentenced me to 45 years and while I was serving that sentence.

How to Prepare Before Sentencing

What do you know about preparing for sentencing?

It might be a good idea to start with an understanding of the entire process. If federal authorities charge a person with a crime, statistics show that a sentencing hearing is likely to follow.

According to data from the U.S. Department of Justice, federal prosecutors convict a person in the vast majority of cases they bring forward. When they get a conviction, either by plea agreement or a trial, a sentencing hearing follows.

Statistics reveal that over 90% of individuals charged in federal criminal cases are ultimately convicted. Many opt for plea agreements rather than face the uncertainty and risks of a trial. This staggering conviction rate is not surprising. When authorities brought charges against me, even though I knew I was guilty, I found it impossible to think clearly or logically about my situation.

Consider how you react when you see an indictment titled "United States of America v. Charles Jones." Despite the principle of "innocent until proven guilty," most people instinctively jump to conclusions without examining the evidence. Media coverage alone can create a powerful bias against the accused, shaping public perception long before any verdict is reached.

Understanding these statistics highlights the seriousness of facing federal charges. If you're facing chages, do your research. Learn about the sentencing process.

The Sentencing Process in Federal Court 

Once convicted, whether through a plea agreement or trial, the next major event in the case will be a Presentence Investigation Report.

The Process Leading to the Presentence Investigation Report 

The process leading to the Presentence Investigation Report (PSR) begins soon after a conviction or guilty plea is entered. I've written other articles that provides details on the PSR and offers suggestions on how to prepare. Basically, the court directs a probation officer to conduct a thorough investigation to gather all relevant information about the person's background, criminal history, and the specifics of the offense. This process includes interviews with the person who faces sentencing, family members, and sometimes others who may provide valuable insights, such as employers or educators.

The prosecutor will influence the probation officer, providing legal documents, investigation reports,  victim statements, and other records to give the probation officer the government's version of the case. Judges will know a lot of the information already. They will want to know about the person standing before them before the sentencing hearing, which requires the judge to consider several factors:

Title 18, Section 3553(a) Factors 

Federal judges rely on a statute called Title 18, U.S. Code, Section 3553(a) when determining a sentence. This law outlines the factors judges consider to arrive at a fair and just outcome. These include:

1. Nature and Circumstances of the Offense: 

The judge will evaluate the specifics of the crime, including its impact and the circumstances surrounding it. Were your actions deliberate? Was there harm caused? Judges will weigh aggravating and mitigating factors to assess the severity of the offense.

2. Your History and Characteristics: 

Everyone’s story matters. Your background—including your educational history, employment record, family responsibilities, and anything illustrating your character—is taken into account. The goal is to humanize you in the judge's eyes and highlight mitigating qualities. However, previous criminal history may influence the sentencing range as well.

3. Need for the Sentence Imposed: 

Judges aim to craft sentences that balance several objectives:

• Reflecting the seriousness of the offense 
• Promoting respect for the law 
• Providing just punishment 
• Deterring future criminal behavior 
• Protecting the public 
• Offering necessary rehabilitation opportunities 

4. Sentencing Guidelines: 

Although advisory rather than mandatory, federal sentencing guidelines provide judges with a baseline range for punishments, taking into account the offense and your criminal history. A Presentence Investigation Report (PSR) calculates these ranges and plays a significant role in your sentencing.

5. Avoiding Unwarranted Sentence Disparities: 

Judges strive for fairness, meaning two people convicted of similar crimes with comparable backgrounds should receive sentences within a consistent range. 

What Happens During the Hearing? 

The sentencing hearing usually follows a structured and predictable process. It begins with the judge addressing any discrepancies in the probation officer's Presentence Report (PSR). The judge listens to input from the U.S. Attorney, the probation officer, and the defense attorney before making a determination. Once the judge resolves these issues, the PSR is finalized as a factual basis for sentencing considerations. With this step completed, the judge proceeds with the rest of the sentencing hearing.

1. Presentation by Attorneys

Both the prosecutor and your defense attorney present their arguments about what they believe constitutes an appropriate sentence. 

• The prosecution may emphasize aggravating factors and the severity of the crime. 
• Your attorney’s role is to highlight mitigating factors, your progress since the offense, and why a lighter sentence is warranted. 

This stage is critical. Judges hear arguments first and often rely on these narratives to frame their judgment. 

2. Allocution

You will have the opportunity to address the judge directly. This is called allocution, and it’s not just a formality. It’s one of the few moments the judge gets to hear directly from you. 

This isn’t the time for excuses, defensiveness, or relitigating the case. It's better to offer a story that helps the judge understand your position. If a jury convicted you and you intend to appeal, it may be important to refrain from speaking about the case. Still, you should help the judge get to know you as a human being. If you've accepted responsibility with a plea agreement, then use this opportunity to show that you understand the crime, the victims, and the wrongdoing. Show remorse, take accountability, and make a case to show the judge that you understand the seriousness of the crime. Describe the steps you’re taking to become better and ensure this situation doesn’t happen again. 

3. The Judge's Decision

The judge will announce your sentence, explaining how and why he arrived at the decision, citing the Section 3553(a) factors and the guidelines ranges. 

Preparing for Sentencing 

While federal sentencing can feel out of your hands, you should prepare. It's my opinion that you're the most influential person at the sentencing hearing. You should take proactive steps to influence the best possible outcome:

1. Collaborate on the Presentence Investigation Report (PSR) 

The PSR is one of the most important documents in federal sentencing. A probation officer prepares it by reviewing details about the offense and interviewing you. It includes sentencing guideline calculations and recommendations. 

• Be honest and thorough during the PSR interview. 
• Provide clear, positive information about your life, work history, education, and community involvement. 

2. Work with Your Attorney 

Your defense attorney will frame arguments in your favor, emphasizing mitigating factors. Ensure they have all the necessary documentation, including letters of support, proof of good deeds, or certificates showing personal growth since the offense. It's best to gauge your attorney's willingness to work with you before you choose the person to represent you.

3. Write a Thoughtful Allocution Statement 

Don’t underestimate the power of your words when addressing the court. Craft your message carefully, focusing on these key elements:

• Helping the judge get to know who you are.
• Show your understanding of the crime.
• If appropriate, accept responsibility for your actions. 
• Express genuine remorse for the victims of the crime. 
• Outline the steps you’ve taken to better yourself (education, therapy, community service). 
• Share your goals for the future. 

4. Demonstrate Change 

Actions speak louder than words. Judges are looking for individuals who take accountability seriously. Taking tangible steps like enrolling in rehabilitative programs, seeking employment, or volunteering in your community can prove your commitment to change.

Questions to Reflect On 

• Is there anything in my preparation that minimizes my role in the offense?
• Am I showing that I understand the victime, or harm the crime caused to society?
• What are the key points I want the judge to understand about my life and character? 
• How can I prepare myself emotionally and mentally for allocution? 
• What steps can I take even now to demonstrate my commitment to change? 

No one can change the past. Yet we all can take a thoughtful approach at influencing the future. The choices you make will shape your path forward. You have power to convert your adversity into a new opportunity. But you must prepare.

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