Sentencing Hearing Lawyers in Wilkes-Barre, PA

While striving to achieve the best results for our clients, Lampman Law is also careful to keep expectations realistic. Just as effective and zealous advocacy must be the standard, so does preparing clients for what might happen if our motions are denied, if they do not have the risk tolerance for trial, or if a jury decides against them. We understand that it is as important for our clients to be prepared for all foreseeable consequences of their case as it is for us to be ready to defend it. In other words, as we fight for the best result, we prepare our clients for the consequences they may face at sentencing.

The most difficult aspect of sentencing is uncertainty. Although a sentencing court must consider the standard sentencing range, a judge has discretion within the standard range—the judge can start the sentence at the low or high end of the standard range or apply a mitigated or aggravated range. Since judges are only required to consider the sentencing guidelines, they can deviate from the standard range and have the discretion to impose any sentence that is within the statutory maximum penalties. Moreover, the court can also apply alternatives to imprisonment, such as probation, house arrest, and treatment programs. Even if aper son is sentenced to jail, the court can make them eligible for work release or programs to reduce the term of their sentence. Therefore, unless a plea agreement involves a sentence agreed upon by the defense and prosecution, the sentence is left for the court to decide. Obviously, the court’s discretion at sentencing amounts to uncertainty that causes most defendant’s substantial anxiety.

Whenever possible, we try to negotiate plea deals with agreed upon sentences. We would rather our client enter a guilty plea with a set sentence than hoping a court will issue a sentence that we think is fair. Some courts, however, will not accept a plea if the sentence is not open to the judge’s discretion.

To prepare our clients for sentencing we identify their prior record score and the offense gravity score of the crimes at issue. We also evaluate and discuss whether any mandatory minimum penalties or sentencing enhancements apply. Of course, we also discuss their allocution. As sentencing looms, we seek and prepare information to support our argument for the most lenient sentence permitted by law and to achieve our client’s sentencing objectives.

If you or someone close to you is charged with a crime or is uncertain about what to expect at a sentencing hearing call us at 570-371-3737 for a free consultation.

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