Sentencing is the phase of the criminal proceeding where the judge imposes the penalty. The sentence may include jail time, probation or a fine, among other things. Sentencing can occur after a conviction by guilty plea or by a guilty verdict after trial. There is usually a delay of several weeks between a finding of guilt and sentencing. Sentencing proceedings vary significantly based upon the court and the nature of the conviction.
In federal courts sentencing occurs after a detailed Pre-Sentence Report (PSR) is prepared. This report thoroughly explains the offense and the defendant's background for the court's consideration. Federal sentencing proceedings may involve in-depth analysis of the Federal Sentencing Guidelines as well as factual hearings where testimony is given, similar to a trial. In federal court it is imperative that a sentencing memorandum is submitted in advance of sentencing and that the attorney makes a compelling oral presentation at the sentencing hearing. Glenn A. Garber, P.C. has extensive experience with the Sentencing Guidelines, and our strong oral and written advocacy has led to extremely favorable outcomes.
Good lawyering is also important at sentencing proceedings in New York and New Jersey State courts, especially where the conviction occurs after trial or where an open guilty plea is taken (no promise from the Court as to the sentence).
Glenn A. Garber, P.C. has litigated numerous sentencing proceedings. Focusing on mitigating factors and generating sympathy for our clients has led to extremely favorable results.