Sentencing is a very important issue for criminal defendants. Unless there is plea agreement between the Prosecutor and your lawyer, the Judge will decide whether you go to jail or go on probation, or both, and for how long. It will be up to your lawyer and you to help the Judge decide in your favor.
TYPE OF PLEA:
When a defendant pleads guilty it will be either a negotiated or open plea. A negotiated plea means that you and the Prosecutor decide at the time of the plea what your sentence will be. The Judge does have the right to reject the sentence that is stipulated or recommended. If the plea is “open,” meaning a plea without a stipulation, then the Judge will decide the sentence.
MINIMUM/MANDATORY SENTENCES:
Some crimes require a jail sentence of a certain time limit. In that case the Judge must sentence you to at least the minimum time called for by the law, and the Judge can give the defendant more. In other words, the sentence can be more, but not less. You will typically see minimum/mandatory sentences for drug crimes and certain violent crimes.
SENTENCING GUIDELINES:
If no minimum/mandatory sentence applies, then the Judge will review the sentencing guidelines to determine if you will spend time in jail or, if you qualify for a sentence of probation. The sentencing guidelines are a chart that uses the type of crime you committed and the defendant’s prior criminal record. Every crime is given a base level score, and certain crimes previously committed are given a score.
CONSECUTIVE CONCURRENT SENTENCES:
Sometimes a person is guilty of two different crimes. If a person commits a burglary and assaults someone in the building, he or she is guilty of burglary and assault. Each crime carries a separate sentence. Let’s say the judge gives the defendant 15 months for the burglary and 15 months for the assault. If the sentences run consecutive, the defendant will serve 30 months in prison, which is one 15 month sentence followed by the second 15 month sentence. If the sentences run concurrent, then the defendant will serve 15 months, which is both 15 month sentences served at the same time.
