Philadelphia County Sentencing
Philadelphia County sentencing works differently on various types of cases. For example, misdemeanor non-DUI cases usually go straight to sentencing after trial or after a guilty plea has been entered. But for felony cases, there is a mandatory investigation that must occur before sentencing.
If you have been accused of committing a criminal offense, seek help from an experienced defense attorney as soon as possible. A knowledgeable lawyer could explain your rights as well as the Philadelphia County sentencing process.
The Sentencing Process
The Philadelphia County sentencing process is different for each case, depending on the type and severity. For a misdemeanor non-DUI case such as a simple assault, retail theft, or reckless endangerment of a person, the parties, the defense attorney, and the district attorney usually agree to go straight to sentencing immediately after a trial or a guilty plea. There is not much sentencing investigation or additional processes.
The defense attorney needs to know enough about the defendant to go to sentencing immediately after trial in a misdemeanor case. A person should know that they could be sentenced immediately after a trial on a misdemeanor case, depending on the type of case.
For some cases, such as a DUI, a mandatory investigation must take place before going to sentencing. Whether it is a guilty plea or a trial for a DUI, an individual must get a court reporting network (CRN) evaluation. A CRN is an evaluation that informs the judge, the district attorney, and the defense attorney about the person’s history as it relates to driving offenses and DUIs because the information could affect the sentencing.
Felony Cases
Some cases have a mandatory pre-sentence investigation. In felony cases, sentencing is often delayed because both parties want to take more time to evaluate the proper sentence. That means advocacy is not over at sentencing. It is an important time for the defense attorney to bring in sentencing witnesses, produce documents, and ask for a sentence that is fair to the defendant. The attorney has an opportunity to tell more about how the defendant ended up in the situation.
Sentencing is an important part of the process, and individuals are often not aware of how much investigation goes into it. For example, most felonies have a formal pre-sentence investigation where the defendant meets with someone from the court to speak about their social history and their background along with with their drug, mental, and health history. That provides the basis for the court to evaluate someone at the time of sentencing beyond the case the judge may have heard.
Who Makes Sentencing Decisions in Philadelphia County?
The judge makes the final sentencing decision in Philadelphia County. After trial, a judge gives a sentence they deem fair and subject to the lawful requirements for maximum and minimum sentencing. The judge gives the sentence based on the lawyer’s arguments and on an agreement between the two parties. This is where the defense attorney to advocate for the defendant by trying to reach a favorable settlement. The attorney could negotiate for the defendant based on their priorities and eliminate the risk of receiving a harsher penalty.
A guilty plea is a contract that the judge may approve and accept, including the agreement about the sentence. The judge could also reject the guilty plea, in which case a new agreement must be made, or there could be a breakdown and go to trial. Judges look at the recommended PA sentencing guidelines. The guidelines are based on an individual’s prior criminal record and the specific offense. It is a point system that gives a range for a sentence one might get based on the number.
Aggravating and Mitigating Factors That Could Impact Sentencing
Aggravated factors are elements that could enhance a sentence, and they are accounted for in the PA sentencing guidelines. They are a range of sentences that the Pennsylvania state legislature recommends that can be increased by an aggravating factor. That includes a variety of things, including taking a leadership role in the crime, the vulnerability of the victim, previous similar crimes, and if a deadly weapon was used. The law on aggravating factors can be found at PA criminal code section 303.13.
District attorneys sometimes erroneously try to add the aggravating factor when it really was not in place. It is important at the time of sentencing that the defense counsel is very aware of what factors the court should consider when calculating the sentence and gets the factors right. These factors can enhance a sentence by months or years, depending on which ones are present or missing.
Mitigating Factors
Mitigating factors can explain the person’s circumstances and show the judge why they should get a lower sentence than what is recommended. Some of the standard mitigating factors are admitting guilt, victim culpability, remorse, a minor role in the criminal enterprise, lack of prior history, and cooperation with the government.
Even after trial, the defense attorney may bring in witnesses that rely on the defendant for social and economic reasons, or familial support. The attorney may share mitigating circumstances about the defendant’s past history as well, and these hearings can be just as important as a trial for guilt or innocence.
How a Defense Attorney Could Help
During sentencing, the defendant has the right to speak on his own behalf, but it can be hard to speak in front of a full courtroom or in front of a judge. The defense attorney could explain to the courts how the defendant’s life might be affected by a sentence. The defense attorney may speak to the district attorney ahead of time to try to explain why they are asking for a recommended sentence. They might do this after trial with a judge and explain the circumstances of the defendant. That includes letters of recommendation from friends and family as well as photos of the individual with their family to show them outside of the courthouse and from the circumstances of the case.
Mitigating factors may come into play during sentencing. If the defendant had treatment or provided service to the community that could be used as a mitigating factor. There is a great opportunity to bring in other factors to create a complete picture of who the defendant is to mitigate their sentence and get something that is lower and fair based on the circumstances.’
Seek help from a tenacious attorney if you have been accused of committing a criminal offense. The lawyer could explain the Philadelphia County sentencing process as well as your legal options. Schedule a consultation today.