Prison Professors With Michael Santos

94. What Happens at the Sentencing Hearing and After?

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Synopsis

In most cases, after a person enters a guilty plea, or after a jury finds a person guilty, the judge sets a sentencing date. Those sentencing dates may be extended if the person is cooperating with authorities. Sometimes a person doesn’t get sentenced for several years after the guilty plea. In most cases, a person will face a sentencing hearing within a few months of pleading guilty. On the other hand, our team has worked with clients that waited 10 years before they had resolution. They committed a crime, faced civil proceedings, waited through criminal proceedings, cooperated with authorities. From the time of the crime, and the time the sentence was imposed, 10 years passed. Every case is different. To prepare for sentencing, the defense attorney will prepare a memorandum. That memorandum will summarize the defendant’s conduct, include points of law, and offer reasons why the defendant deserves leniency. The prosecutor will submit a memorandum. In most cases, the prosecutor will argue for a harsher senten