What to Expect at a Drug Crime Sentencing Hearing According to DEA Lawyers
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What to Expect at a Drug Crime Sentencing Hearing According to DEA Lawyers
If you or a loved one have been charged with a federal drug crime, you are probably anxious and overwhelmed about what comes next. As criminal defense lawyers who have handled many federal drug cases over decades of practice, we want to walk you through what typically happens at a sentencing hearing after a conviction or guilty plea on a drug charge.
The Sentencing Process
After a conviction at trial or guilty plea, the next major court hearing is sentencing. This is when the judge determines what your punishment will be based on the drug crime you committed.
Sentencing is a complex process with many moving parts. There are sentencing guidelines that provide a framework, but ultimately the judge has significant discretion in fashioning an appropriate sentence. Factors like the type and quantity of drugs, your role in the offense, your criminal history, acceptance of responsibility, and assistance to prosecutors can all impact the sentence.
Here’s an overview of the key parts of a federal drug crime sentencing:
Pre-Sentence Report
After the conviction or guilty plea, a probation officer will prepare a detailed pre-sentence report about you, the offense, and a recommended sentence range. This report is very important because the judge relies heavily on it.
The report contains things like your personal and family history, financial information, education and employment background, physical and mental health, criminal record, facts about the instant offense, and most importantly, a calculation of your sentencing guidelines range.
You and your lawyer will get a chance to review the report, object to any errors or misleading statements, and submit information favorable to you, like evidence of rehabilitation or good works in the community. Getting errors corrected or submitting additional favorable information can help reduce your sentence.
Sentencing Memorandums
Both the prosecution and defense can submit sentencing memorandums to the judge, arguing for higher or lower sentences based on the goals and factors in the federal sentencing statutes. Your lawyer may emphasize things like your minor role in the offense, extraordinary family circumstances, or vulnerability to abuse in prison.
Sentencing Hearing
At the sentencing hearing itself, you’ll have the chance to make a personal statement to the judge expressing remorse and asking for leniency. Your lawyer will argue on your behalf, urging the judge to impose the lowest possible sentence and addressing any aggravating evidence presented by the prosecution.
The judge will also consider victim impact statements about how the crime affected others.
Imposing the Sentence
After hearing from all parties, the judge will impose your sentence. For drug crimes, this usually includes:
- Prison time – The length depends on the severity of the offense, the drug quantity, your criminal history, role in the offense, and other factors. Sentences can range from probation up to life in prison. The judge can sentence within or outside the guideline range. Mandatory minimum sentences limit judicial discretion for certain drug offenses.
- Supervised release – After prison time is served, there will likely be a period of supervised release, like probation. If you violate release conditions you can be sent back to prison.
- Fines – Fines up to $1 million can be imposed in addition to imprisonment. The judge considers your financial resources in determining fines.
- Special assessments – Courts assess $100 per felony and $25 per misdemeanor to fund victim assistance programs.
- Restitution – If the crime directly harmed others financially, like an overdose victim’s medical bills, you may have to pay restitution.
- Forfeiture – Assets connected with drug trafficking, like money, vehicles, or property can be forfeited to the government.
Right to Appeal the Sentence
If you feel your sentence is unlawful or the result of incorrect guideline calculations or clearly erroneous factual findings, you can appeal to a higher court. But for the most part, sentences within the guidelines are difficult to overturn. An experienced appeals lawyer is key for mounting a successful sentencing appeal.
As you can see, federal drug sentencing is quite intricate, with many rules and exceptions. Having knowledgeable criminal defense counsel guide you through the process is critical for achieving the most favorable outcome possible. Don’t hesitate to contact our firm for a free case evaluation.