Sentencing


After a trial, if you are found guilty, or following a guilty plea without an agreed sentence, a sentencing hearing will be scheduled for your case approximately forty-five (45) days from the date of the guilty plea or trial.

Next to the hearing that determined if you are innocent or guilty of the charges brought against you, the sentencing hearing is the most important part of your case. It is an extremely critical part of your case, as it will determine both the length of your sentence and whether or not you will serve that sentence in custody or not.

You and your attorney must work closely in preparing for the sentencing hearing. Your attorney may ask you to give him or her a list of individuals in the community who may be able to provide favorable information concerning you or your case. Your attorney may attempt to get letters or other information from individuals about you and your character. Your attorney also may want individuals to come to court on your behalf to testify at the sentencing hearing.

Your attorney will also be collecting records and documents that may assist you at a sentencing hearing. This might include prior medical records, prior mental health records, employment records, school records, and any other things that you or your attorney thinks may assist you at sentencing.

Your attorney may also ask you if you want to testify at a sentencing hearing. Sometimes it can be very helpful for an individual to testify at his or her sentencing hearing. You and your attorney need to work closely in order that you can understand what the subjects are that you will be testifying about, and your attorney can let you know some of the areas that you may be cross-examined on.