Questions to Ask a DC Criminal Defense Lawyer About Sentencing

Questions to Ask a DC Criminal Defense Lawyer About Sentencing

If you’ve been charged with a crime in Washington, DC, one of the first things you’ll want to do is meet with a criminal defense lawyer. An experienced attorney can advise you on the law, the charges, and your options. They can also represent you in court and negotiate with prosecutors on your behalf.

One of the key things you’ll want to discuss with your lawyer is potential sentencing if you’re convicted. DC has mandatory minimum sentences for certain crimes, like gun and drug offenses. Your lawyer can explain how these and other laws will impact your case. Here are some important questions to ask.

What Are the Sentencing Guidelines?

Federal and DC sentencing guidelines recommend prison terms based on the crime and your criminal history. Judges use these as a starting point but can depart up or down. Ask your lawyer to explain the sentencing range you’re looking at under the guidelines.

What Mandatory Minimums Apply?

Some DC crimes like armed robbery carry mandatory minimum sentences. This means if convicted, the judge must impose at least that prison term. There are limited exceptions. Your lawyer can tell you if any mandatory minimums apply in your case.

What Sentencing Enhancements Are Possible?

The prosecutor might argue for a sentencing enhancement that increases the penalty. For example, selling drugs near a school adds years in prison. Be aware of any enhancements so you understand the maximum sentence you could face if convicted.

What Mitigating Factors Are There?

Mitigating factors are details about you or the case that warrant a lower sentence. For example, no prior record, taking responsibility, or playing a minor role. Your lawyer will look for mitigating factors to argue for less prison time.

Is There a Diversion Program?

For some first-time or low-level offenses, DC offers pretrial diversion programs. These involve classes, community service, or probation in exchange for dropped charges. Ask if you might qualify for one of these alternatives to sentencing.

What About Deferred Sentencing?

Deferred sentencing means the judge delays imposing a sentence and places you on probation. If you comply with all conditions, the charges get dismissed. Ask your attorney if deferred sentencing could be an option.

Can Charges or Penalties Be Reduced?

In plea negotiations, prosecutors may reduce charges to lesser offenses with lower sentences. They might also agree to drop sentence enhancements. Ask your lawyer if negotiating charge or penalty reductions is feasible.

Would Suspended Sentence Be Possible?

A suspended sentence means you don’t actually serve jail time unless you violate release conditions. You may have to complete probation and treatment programs. Ask if you might get a suspended sentence.

What About Alternative Sanctions?

Instead of incarceration, judges can order alternative sanctions like community service, vocational training, or counseling. Find out if these sentencing options could apply in your case.

What Programs Are Available in Prison?

If you may serve time, ask your lawyer about programs in prison for education, job training, addiction treatment, and early release. These could help reduce your ultimate sentence.

How Much of the Sentence Is Typically Served?

Sentences over a year can be reduced by good time credits. Parole eligibility varies too. Ask your attorney to estimate how much time you’d likely serve on any potential sentence.

What Will Supervised Release Mean?

After prison, there will be a supervised release period similar to probation. Get details on typical conditions so you know what to expect.

What About Restitution and Fines?

Ask if you’ll have to pay restitution to victims or fines to the court. These can be substantial, so understand the financial implications.

Will I Have a Criminal Record?

A conviction may remain on your record permanently or could eventually be expunged. Ask how the case could impact employment, housing, and other areas of your life.

Going through the criminal justice system can be overwhelming. But an experienced DC criminal defense lawyer can guide you through the process and aggressively defend your rights. Be sure to ask plenty of questions so you understand possible penalties and options. This will put you in the best position to make informed decisions about your case.

Sources:

• DC Code § 22–4502 – Mandatory minimums for certain gun crimes
• DC Code § 48–904.01 – Mandatory minimums for certain drug crimes
• Study on impact of mandatory minimums on public safety
• DC Voluntary Sentencing Guidelines
• DC pretrial diversion programs