What Happens at a Sentencing Hearing?
After a conviction or guilty plea that isn’t immediately resolved through a previously established plea bargain, the sentencing hearing is the next step in the criminal justice system. But what happens at a sentencing hearing? Everyone should know what to expect, whether they are facing misdemeanor or felony charges. Understanding the process can help you feel more prepared for the proceedings. Below, we break down the essentials of sentencing hearings to help you better understand this pivotal stage in your case.
Who Are the Main Participants in a Sentencing Hearing?
Several key players are involved in a sentencing hearing, each playing a vital role in determining what happens next:
- The prosecutor—advocates for punishment that aligns with the applicable sentencing guidelines;
- The defense attorney—fights for leniency and presents factors that could reduce your punishment;
- The victim or their loved ones—can present a statement on how the crime has impacted their lives; and
- The judge—listens to all the evidence, arguments, and statements and issues the final sentence.
As the defendant, you may also be able to address the court directly. This is your moment to express remorse or explain your actions.
How Does the Judge Determine the Sentence?
So, what happens at a felony sentencing hearing, or any sentencing hearing for that matter? Judges consider several factors, including:
- The seriousness of the crime,
- Your criminal history,
- The impact on the victim(s), and
- The mitigating or aggravating circumstances.
Sentencing guidelines often provide judges with a framework. However, judges usually have discretion to adjust the sentence based on the unique details of each case.
It’s important to note that state sentencing guidelines differ by state, and federal sentencing guidelines apply throughout the country. Judges have more discretion in some jurisdictions, while mandatory minimums may apply in others.
Criminal sentences vary widely depending on the jurisdiction, the judge, your criminal history, and the circumstances of your case. You could face anything from probation to fines, community service, or even imprisonment. Long-term incarceration and, in rare cases, the death penalty are reserved for the most severe felonies, such as murder.
What Happens at a Felony Sentencing Hearing?
Understanding the process of a felony sentencing hearing is particularly critical, as felonies are more severe charges than misdemeanors. Felony sentencing hearings often involve more stringent legal standards and potentially harsher penalties. Depending on the jurisdiction and the crime, felony convictions could result in:
- Long prison sentences, including life imprisonment;
- Significant fines, court fees, and restitution; and
- The loss of certain civil rights, such as the right to own firearms.
These are the possible consequences, but what actually transpires at the hearing?
The Hearing
The hearing itself resembles a mini-trial. The prosecution will present their case that supports the sentence they are asking the court to give the defendant. They will likely present the facts in the worst light possible to justify asking for a stiff penalty. At a felony sentencing hearing, they will introduce the presentence investigation, if one was done, as well as any aggravating factors that they could use to justify a more severe sentence.
Likewise, the defense will present a case that supports giving a lighter sentence. They will use any facts that will help you, including mitigating factors and your lack of a criminal history if this is one of your first offenses. Your lawyer can also allow you to testify and show remorse.
During these hearings, judges consider factors such as whether you pose an ongoing threat to the community or have demonstrated genuine remorse and efforts toward rehabilitation. Sometimes, offenders may be eligible for alternative sentencing programs, such as drug treatment or community-based programs.
Do You Go to Jail at a Sentencing Hearing?
One of the biggest concerns is whether you’ll go to jail after the sentencing hearing. It’s a valid fear, and the answer depends on several factors. If the sentence involves incarceration and you are not already in custody, you may be taken into custody immediately after the hearing.
However, in some cases, especially for minor offenses or where you have cooperated with authorities, the judge may grant a delayed surrender, allowing you to report to jail or prison at a later date.
At their discretion, the judge may impose probation instead of jail time. This would mean you can avoid imprisonment altogether but must adhere to strict conditions during the probation period. Violating these conditions could lead to jail time later on.
Can Sentencing Be Delayed?
Sometimes, as is the case with New Mexico state crimes, sentencing may be delayed or deferred due to:
- Investigations that are ongoing or pending,
- Requests for more information,
- Judges who want to give you more time to exhibit good behavior, or
- Judges seeking additional details from the presentence report.
Whether there are delays or not, the next steps depend entirely on the punishment once sentencing is completed.
What Happens After the Sentencing Hearing?
Once the sentence is handed down, the next steps depend on the nature of the punishment.
- In cases where the sentence includes imprisonment, you might be immediately placed in custody;
- If the judge imposes fines, there may be deadlines for payment; and
- If the judge orders probation, the defendant must comply with the conditions set forth by the court.
In some cases, you can appeal the sentence, especially if you believe the punishment is excessive or unjust. Appeals are complicated and require an experienced attorney to handle them.
Handle the Sentencing Process Successfully with Experienced Legal Representation
No two cases are alike, and what happens at a sentencing hearing can profoundly shape your future. Having the right legal team by your side can make all the difference during this life-changing process. That’s why you need a knowledgeable and experienced criminal defense attorney like the New Mexico Criminal Law Offices team. We understand the complex nature and significant consequences of the law. Our team is recognized for our commitment to protecting your rights, so call today.
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