Sentencing Options: What You Need To Know

Law Blog

If a loved one has recently been arrested, you are probably wondering what will happen next. At some point, your loved one will face a sentence. It might be after a trial or they might plead guilty using a plea bargain. The punishment assigned to your loved one depends on a lot of factors. Read on to learn more about what goes into sentencing after a conviction.

Who Decides Criminal Sentences?

You might automatically attribute this task to a judge, but there is more to it than that. To help the prosecutor's office and judges make decisions, each state has sentencing guidelines. Additionally, the law provides a list of potential punishments from which to choose and the range can be wide. Mandatory sentencing guidelines can be tough and may give the judge, the state, and the jury very little wiggle room. Some mandatory sentencing guidelines, such as the so-called three-strikes rule, are meant to impose stiff sentences on those who habitually offend.

Plea Deals Happen Often

The courts and the jails are crowded everywhere, and plea deals help keep things less crowded. A plea deal has the offender pleading guilty to a crime and giving up the opportunity to stand trial. In many cases, the plea deal is for a lesser offense or for fewer counts than the individual was previously charged with. Many plea deals focus on a punishment that avoids incarceration if possible. It's vital that your loved one get help from a criminal defense lawyer before agreeing to a plea deal — they are not always that good of a deal.

Alternative Sentencing

Increasingly, judges have more choices when it comes to sentencing for minor crimes like drug offenses by using alternatives like:

• Drug courts where defendants are provided with counseling and education rather than punishment.
• Pretrial diversion programs that wipe out the charges with a completed program.
• Probation where the defendant is regularly monitored.

All of the above are used instead of incarceration, but a criminal sentence might also include the below with or without incarceration:

• Fines, victim resolution, and fees.
• Classes, seminars, and counseling programs.
• Community service work.
• Weekend-only jail.
• Ankle monitoring.

Other Factors in Sentencing

The below factors can influence how the judge chooses a sentence:

1. Offender criminal records.
2. The seriousness of the crime.
3. Victim impacts.
4. Level of physical violence.
5. The expertise of the lawyer.
6. The attitude and behavior of the defendant in court.

Sentencing is a complex issue, and your loved one will need the help of a criminal defense lawyer to sort things out. Speak to one today.

8 December 2020