Federal Sentencing is Complex and Requires Extensive Experience in Practicing Federal Criminal Defense
Federal Sentencing
“I am deeply impressed with the gravity and wisdom with which most federal judges approach the responsibility of sentencing. It is a difficult, soul-searching task at best.”
Federal Sentencing in Michigan
One of the most important parts of any federal criminal case is the sentencing. Long before any decisions are made about whether to try the case or take a plea bargain, a good federal criminal lawyer will first determine what the potential sentence of their client is. This is done by determining the sentencing guidelines, determining if mandatory minimums apply, and finding out as much as possible about the positive parts of their client’s background. Once the federal criminal lawyer determines the likely sentence range if their client is convicted of all charges, then the client has a place to start when making their decision of whether to plead or go to trial.
Where to Begin in Determining a Potential Federal Sentence
All federal sentences for federal felony cases will include a determination of the client’s Sentencing Guidelines score. Scoring guidelines is a complicated process (click here for more detail) which results in the client having a range in months of a potentially valid sentence. Up until a few years ago, the sentencing guidelines score was mandatory, but now courts simply consider it along with many other factors.
Legal Sentencing Factors
18 USC §3553(a) is a well known federal statute that tells courts and parties what factors are legally important in determining a valid sentence. These factors include: the nature and circumstances of the defendant; the need for the sentence imposed to reflect the seriousness of the offense, provide the defendant with needed vocational training, and protect the public; viewing the different sentences available; and the guideline range. A more detailed discussion of these factors can be read here. There are additional factors, such as whether the sentencing commission has issued policy statements on particular crimes or enhancements. A good federal criminal lawyer will know and understand these arguments.
Other Important Factors
Probably the most important factor in a federal sentencing is for a criminal defendant to convey to the court a positive reflection of who they are. This may sound simple, but it is anything but. A good federal criminal lawyer will take the time to get to know their client and their family. Gathering letters, things from their past, and anything else of value that can show a client’s positive attributes is critical to a successful sentencing. And the extra effort put into this process by your federal criminal sentencing attorney will pay off when it comes time for the court to decide the sentence.
Hiring the right federal criminal lawyer makes all the difference when it comes to sentencing. Don’t regret it, call us today and let’s talk about your federal case.