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An Overview of Federal Sentencing and the Role of Defense Lawyers
Individuals facing federal criminal charges have a lot at stake when it comes to sentencing. Federal sentences tend to be lengthy compared to state sentences, with some carrying potential life sentences or even the death penalty. Having an experienced federal criminal defense lawyer to advocate on your behalf during the sentencing process is crucial.When a defendant pleads or is found guilty in federal court, the next major phase is sentencing. This involves the submission of arguments and evidence to the judge related to the appropriate sentence under federal guidelines and laws. Defense lawyers play a vital role in presenting mitigating factors and advocating for the lowest possible sentence for their client.
How Federal Sentences Are Determined
Up until the mid-1980s, federal judges had wide discretion in determining criminal sentences. However, concerns over inconsistent sentences led Congress to pass the Sentencing Reform Act in 1984, which established mandatory sentencing guidelines. This law created the United States Sentencing Commission, an independent agency responsible for developing guidelines to promote consistency.The sentencing guidelines provide a calculation based on the offense and the defendant’s criminal history to arrive at a sentencing range. For example, a first-time drug trafficking offender may face a guideline range of 5-6 years in prison. Judges are required to impose a sentence within the guideline range unless certain grounds for departure exist.This system remained in place until the Supreme Court’s 2005 ruling in US v. Booker, which found mandatory guidelines unconstitutional. This landmark decision made the guidelines “advisory” rather than binding. However, judges are still required to properly calculate and consider them, even if they ultimately impose a sentence outside the range.
The Role of Defense Lawyers in Sentencing
Given the complexities of federal sentencing laws, having an experienced federal criminal defense lawyer is extremely important. Defense lawyers serve several key functions at sentencing:
Reviewing the Presentence Investigation Report – After a guilty verdict or plea, the Probation Office prepares a Presentence Report (PSR) to assist the judge. This report calculates the guideline range and contains information about the offense and defendant’s background. Defense lawyers carefully review the PSR for any errors or disputed issues and file objections if needed.
Presenting Mitigating Evidence – Defense lawyers gather evidence related to the defendant’s background, mental health issues, family circumstances, charitable deeds, remorse, and rehabilitation potential. This evidence is presented through sentencing memos and letters and at the sentencing hearing. The goal is to “humanize” the defendant and convince the judge to impose a more lenient sentence.
Arguing for Variances and Departures – Defense lawyers research and argue for variances (sentencing outside guidelines) and/or departures (formal exceptions to guidelines) by highlighting factors such as overstated criminal history, extraordinary family circumstances, diminished mental capacity, and more.
Addressing Restitution and Fines – Defense lawyers argue against excessive restitution claims by victims and advocate for manageable court fines based on the defendant’s limited financial means. This is important to avoid overly burdensome financial obligations.
Filing Sentencing Memorandums – Well before sentencing, defense lawyers submit lengthy sentencing memos to the judge summarizing key mitigating evidence and arguments, relevant case law, and the appropriateness of a below-guideline sentence. These memos require significant research and advocacy skills.
Presenting Oral Arguments at the Hearing – At the sentencing hearing itself, federal defense lawyers deliver oral arguments, call witnesses, introduce exhibits, and advocate zealously for the most favorable sentence possible under the circumstances of the case.
As you can see, federal defense lawyers play a multifaceted role in advocating for their clients at sentencing. Their advocacy can literally make the difference between a few years in prison versus decades behind bars.
Common Questions and Issues in Federal Sentencing
Here are some of the most common questions and issues that arise during the federal sentencing process:**How much weight will the judge give to the guidelines?**While the guidelines are only advisory, most federal judges still give them significant weight in determining sentences. Defense lawyers will argue the guidelines should not control given the unique facts and circumstances of the case. But the guidelines remain an important benchmark that judges consider.**What kinds of variances do judges frequently grant?**Some of the most common reasons judges will impose sentences below the guidelines include:
- Minimal criminal history
- Extraordinary family circumstances and community ties
- Overstated offense conduct or victim impact
- Exceptional charitable service, military service, public service
- Severe medical issues or advanced age
- Significantly diminished mental capacity
**Can judges consider acquitted conduct at sentencing?**Unfortunately yes. In a controversial practice, judges can consider alleged relevant conduct underlying charges on which the defendant was acquitted. So even if a jury finds a defendant not guilty on some counts, the judge may still factor those allegations into their sentencing decision. Defense lawyers vigorously challenge this practice.**What kinds of departures do judges still grant after Booker?**While variances have become more common, judges will still grant formal departures from the guidelines in certain circumstances, including:
- Overstated criminal history
- Substantial assistance to prosecutors
- Coercion or duress
- Certain offender characteristics (age, mental/emotional issues)
- Extreme family responsibilities
Do mandatory minimums still apply? Yes. While the sentencing guidelines are now advisory, federal mandatory minimum sentences imposed by statute are still binding on judges. However, defense lawyers can argue for application of certain statutory safety valves or exceptions to mandatory minimums in drug cases or through cooperating with prosecutors.Having an in-depth understanding of federal sentencing law allows criminal defense lawyers to effectively advocate for the most favorable outcomes for their clients facing sentencing.
Gathering Mitigating Evidence for Sentencing
Sentencing advocacy encompasses more than just legal arguments. Effective federal defense lawyers will conduct extensive mitigation investigation and gather a wide range of evidence to help humanize and contextualize the defendant.This mitigating evidence is presented to the judge through sentencing memorandums, letters of support, expert evaluations, and multi-media presentations at sentencing hearings.Types of mitigating evidence frequently submitted by defense lawyers includes: