| Sentencing in State and Federal Court |
| Every criminal law case is different. Each has their own set of facts. No two defendants have the exact same past histories, records, and backgrounds. And so the issue of sentencing is, in and of itself, an artform. Each client deserves aggressive individual attention from the moment of representation all the way through the criminal process. As an experienced and highly proactive criminal defense attorney based in Southern California, I understand this idea better than most. I handle all types of criminal cases; Both state and federal. One of the key differences, in fact, between state and federal court is how sentencing is dealt with. Federal sentencing guidlines are much more stringent and less maleable than state court sentencing schemes. Truly knowing and understanding how sentencing works in federal court is a must for anyone practicing there. That same idea holds true in state criminal courts. I often am asked about "suspended time" sentences. For those not familiar with the term, a "suspended sentence" is one in which state prison, or even county jail, time is suspended and held over a defendant's head. If the individual at issue is able to complete certain ordered requirements and stay out of trouble for a designated period of time, the short term consequences tend to be less severe. However, if that person somehow violates their part of the bargain, the court can, and usually will, impose a harsher sentence than they otherwise would have in conjunction with the time that was "suspended." Unfortunately, many defendants and defense attorneys think short term and have little foresight. A state prison suspended sentence can be recommendable for the right defendant, in the right circumstance. Too often, however, it turns out to be a "fool's bargain." As I stated above, sentencing truly is an artform. Knowing the courthouse, judge, and prosecutor are a must. Understanding your leverage and potential consequences, including jail time, court fines and fees, number of years of probation, etc. is key as well. No two cases are the same. And, each criminal case, state and federal, must be handled with the expert care of an experienced criminal defense attorney. This notion is true at arraignment and, if necessary, at the sentencing stage as well. Of course, at the Law Offices of Richard M. Sudar, our number one goal is to get each case dismissed so that sentencing never becomes an issue. To contact the Law Offices of Richard M. Sudar, call us at (310) 277-4112. A highly experienced, top, proactive criminal defense attorney is also just a click away. |
Posted By Richard Sudar on November 25, 2009 10:53 am | Permalink  |