Criminal Defense Lawyers

Federal Criminal Defense FAQ: Answers to Common Sentencing Questions

Federal Criminal Defense FAQ: Answers to Common Sentencing Questions

Facing federal criminal charges can be an incredibly stressful and scary experience. You likely have a lot of questions about the process and what comes next if you are found guilty. This article answers some of the most common questions people have about federal criminal sentencing to help you understand what to expect.

What is the process for federal criminal sentencing?

The sentencing process actually starts before you are ever found guilty. After you are charged, a federal probation officer will conduct a pre-sentence investigation and prepare a report that makes sentencing recommendations to the judge. This report looks at factors like your criminal history, the circumstances of the offense, your financial situation, your family obligations and more.Once you either plead guilty or are found guilty at trial, the court will schedule a sentencing hearing. At the hearing, the judge will announce and explain your sentence. Unless you receive probation, you will be taken into custody that same day to start serving your sentence.

How much prison time can I face for a federal conviction?

Federal sentences tend to be longer than state sentences for similar crimes. The amount of prison time you face depends on the crime you are convicted of. Some federal crimes like drug trafficking or firearms charges carry mandatory minimum sentences. For example, selling over 5 grams of crack cocaine means you face at least 5 years in prison. Other crimes have sentencing guidelines that judges typically follow. You can face up to 20 years or more in federal prison for many types of fraud. Your criminal history also impacts your potential sentence.

What is the role of the federal sentencing guidelines?

While no longer mandatory, federal judges still closely consider the complex sentencing guidelines when determining appropriate sentences. The guidelines provide a sentencing range based on the severity of the crime and the defendant’s criminal history. So they are an important factor, but judges can sentence above or below the range if they find aggravating or mitigating factors.

How does having a criminal record impact my sentence?

Your criminal history has a significant impact on your guideline range and can double your sentence or more compared to a defendant with no record. Every prior conviction adds criminal history points, moving you into higher categories that increase the sentencing range. If you have prior felonies or committed the current offense while on probation or parole, you will face even tougher sentencing.

What are mandatory minimum sentences?

Some federal laws like those covering certain drug, gun, pornography and terrorism offenses carry mandatory minimum sentences. This is a legal requirement for the judge to sentence you to at least a certain number of years in prison if convicted. For example, carrying a gun while trafficking drugs carries a 5 year mandatory minimum. Mandatory minimums give judges little flexibility or discretion at sentencing.

What factors increase my chances of getting probation?

Judges have the ability to sentence certain offenders to federal probation instead of prison. The best chances at probation come with very minor crimes, no criminal record, taking responsibility by pleading guilty, having a steady job and support system like family willing to help monitor your probation. Certain offenders like drug addicts may qualify for special probation with required treatment.

Can the judge sentence me above or below the guideline range?

Yes, while judges consider the federal sentencing guidelines, they are not mandatory. The judge can go above or below the guideline range if they find aggravating factors that warrant a higher sentence or mitigating factors that justify a reduced sentence. However, there are limitations on how far they can deviate with mandatory minimums creating a “floor” they cannot go below.

What kinds of things might make my sentence longer?

Judges can consider aggravating factors like the amount of planning that went into the crime, using violence or weapons, playing an organizing role in the offense, having a lengthy criminal history and prior lenient sentences that did not deter you from more crime. Also, committing the offense while released on bail or probation from another crime frequently leads to a longer sentence.

What kinds of things might make my sentence shorter?

Mitigating factors like playing a minor role in the offense, acting under coercion or duress, having severe mental health or addiction issues, taking responsibility and pleading guilty, providing substantial assistance to prosecutors, having serious medical issues and needing care for dependents are all things judges can consider to lower a sentence below the guidelines. Remorse and good behavior after the offense also helps.

What should I do to prepare for sentencing?

Having an experienced federal criminal defense lawyer guide you through the process is essential to get the lowest possible sentence. Provide them documentation verifying any mitigating factors as early as possible. Submitting quality reference letters from employers, teachers, family can help show the judge the full picture. Be prepared to sincerely take responsibility and show remorse. Never make excuses or try to justify illegal behavior at sentencing if you want any chance at a lenient sentence.

Can I appeal my sentence if I feel it is unfair?

Yes, you can appeal your conviction and sentence to a higher federal court. However, appeals courts give great deference to trial judges on sentencing matters and rarely overturn sentences that fall within the guideline range. Still, if there are clear legal errors in calculating the guidelines or failing to properly weigh the sentencing factors, bringing certain issues up on appeal may lead to a reduced sentence.Facing federal charges puts your future at risk. Having an experienced federal criminal defense lawyer fighting for you every step and guiding you through the complex process provides the best chance at avoiding harsh punishment. Be proactive in presenting mitigating factors and show sincere remorse at sentencing. While federal sentences tend to be rigid, following your lawyer’s advice puts you in the best position for the judge to show some leniency.

References:

 https://federal-lawyer.com/florida/

 https://federalcriminaldefense.pro/federal-crimes/federal-charges/

 https://federalcriminallawcenter.com/2015/11/steps-to-prepare-your-defense-against-federal-criminal-charges/

 https://jpcannonlawfirm.com/2020/01/19-free-tips-for-federal-sentencing/

 https://toplawyer.law/criminal-defense-strategies/