How Philadelphia Criminal Sentencing Works

How Philadelphia Criminal Sentencing Works

If you or a loved one have been charged with a crime in Philadelphia, you’re probably wondering what comes next and how sentencing works if convicted. This process can be confusing and scary, with a lot going on behind the scenes that determines your fate. As a Philly defense lawyer, I’ve seen it all and want to walk you through the key things to know, like the sentencing guidelines judges follow and the different types of sentences they can impose.

First Things First – Getting Charged and Convicted

After getting arrested and charged with a crime in Philly, the next big step is either taking a plea deal or going to trial. About 90% of criminal cases end in a plea bargain, where you plead guilty in exchange for a lesser charge or sentence. If no deal is struck, it goes to a bench trial with a judge or jury trial where your fate is in their hands. If found guilty, it then moves to the sentencing phase.

The Philadelphia Sentencing Guidelines

Pennsylvania has sentencing guidelines judges are supposed to follow that set ranges based on the crime and your prior record. But they aren’t mandatory. For example, if guidelines say 3-6 years for a crime, a judge can still go lower or higher if they feel the situation warrants it. They have to explain why if going outside the guidelines.

Philly judges can consider things like:

• Your criminal history and likelihood to reoffend
• Whether anyone was hurt and how badly
• If you took responsibility and apologized
• Your childhood, mental health issues, addiction, etc.
• Your chances of rehabilitation and potential to turn your life around

They try to weigh all the circumstances to determine what sentence fits. The guidelines aim for consistency, but there’s still human judgment involved.

Types of Criminal Sentences in Philadelphia

There are a few main options Philadelphia judges have when it comes to sentencing:

Probation

This is when you don’t get jail time and instead get probation supervision for a set period. You have to check in with an officer, take drug tests, etc. One slip up and you could end up behind bars, so it’s important to comply. Many first time or low level offenders get probation if they seem like generally good people who messed up.

County Jail

For more serious crimes or repeat offenders who get probation revoked, judges often sentence people to the Philadelphia county jail system. You’ll stay in Philly and do time in places like Curran-Fromhold Correctional Facility. Sentences under 5 years go here vs state prison. Conditions aren’t fun – it’s noisy, crowded, the food is bad – but for shorter stints it allows you to stay connected to local support systems.

State Prison

If you’re convicted of a felony like robbery, assault, sex offenses, etc., you’ll probably get sent to a Pennsylvania state correctional institution for longer sentences. Say goodbye to Philly and hello to being shipped out to places like Graterford, Coal Township, or Camp Hill. You’re looking at 5+ years away from home in an even harsher environment.

Fines and Restitution

On top of or instead of incarceration, they can hit you with major fines. Also, if your crime caused financial harm, they can order restitution to repay victims. These financial penalties can dog you for years.

Special Programs

Philly has alternatives to traditional sentencing aimed at rehabilitation for things like drugs, mental illness issues, and veterans who commit crimes. Problem-solving courts and diversion programs can greatly reduce or even dismiss sentences if completed. They offer a chance to get your life on track.

The Reality of Serving Time

Even if you know your sentence length, the actual time served often ends up shorter. Parole may release you early for good behavior. And with Philly jails overcrowded, they also look to cut costs with early releases. But don’t bank on it.

How Sentencing Works for Juveniles

Minors charged with crimes in Philadelphia have added protections, like judges considering their brain development. And rules about housing them separately from adults. But they can still get serious sentences in juvenile detention facilities if convicted.

How Federal Crimes Are Different

If you’re caught up in federal charges like conspiracy, fraud, weapons trafficking, etc. – that’s a whole different ballgame. You’ll deal with scary FBI agents and US Attorney prosecutors with insanely high conviction rates. Federal sentencing guidelines are also less flexible and good luck getting parole. So if the feds come knocking, call a lawyer ASAP!

Getting an Experienced Philly Criminal Defense Attorney

As you can see, a lot goes into sentencing in Philadelphia that impacts your future. Having a knowledgeable local defense lawyer in your corner from day one can make all the difference. They’ll craft arguments to get charges dropped or reduced and then fight for the lowest sentence possible. Reach out for a free case evaluation to discuss your options. This storm will pass and you can get your life back. It ain’t over!