Sentencing in a
Criminal case
The Judge at the time of sentencing always
has several options including but not limited to jail, probation, community
service, restitution and substance abuse counseling. The Probation Department, which has
interviewed you, will prepare what is called a Pre-Sentence Report. This
provides information regarding the offense to the Court together with
information regarding your background.
The judge will also review any letters or documents that are submitted
to the Court on your behalf.
. Please bring an extra copy of all letters of
reference, pay stubs and any other documents for the judge just in case the
court has lost the copies. Please
provide a list of (15) reasons why the
judge should not give you the maximum penalties, fines or impose a jail
sentence.
I
recommend very strongly that you obtain letters from relatives or other
individuals who know you who would be willing to write to the Court to indicate
that there should not be incarceration. These letters should set forth
favorable aspects regarding your life and your future. They should point out some of the good traits
that you possess. They should also feel free to put any other reasons why the
Court should impose the minimum penalties. The letter should include your date
of birth and indictment number.
Obtain written proof of
attendance at any substance abuse programs, rehab, community service, etc.
Phone calls not sufficient.
Obtain a letter from your employer.
When plea agreement calls for a county jail or prison term, follow the
instruction on the website involving work release and ISP. If you are not
working, get a job and have your employer will fill out the Work Release
paperwork and ISP paperwork.
Allocution
here if we decide to print the
summary in the page display
The direct address between the
judge and the convicted defendant prior to sentencing. During the
address, the judge speaks directly to the defendant and asks if the defendant
has anything to add prior to hearing the sentence. The defendant then
answers the judge and may say anything in an effort to lessen the severity of
the sentence, such as an apology, an offering of remorse, or an explanation of
the motivations that drove the defendant's criminal actions. Source: Cornell
Law
