Reducing jail time-how criminal lawyers negotiate sentences?

When someone is facing criminal charges, the biggest concern is the potential jail or prison time they could receive if convicted while judges on sentencing, criminal defense lawyers play a crucial role in advocating for reduced sentences for their clients. Through careful negotiation and leveraging various sentencing options, skilled criminal lawyers aim to minimize the time their clients spend behind bars.

 Sentencing process

If a defendant is convicted or pleads guilty, a pre-sentence investigation report is prepared by the probation department. The report contains information on the defendant’s criminal history, the facts of the case, and victim impact statements.  Defense lawyers review the report and object to any erroneous facts or improper calculation of the guidelines. At the sentencing hearing, prosecutors may recommend a sentence, and victims and the defendant’s family may provide statements. The judge then decides on the sentence after considering the report, recommendations, and statements. While judges use sentencing guidelines to determine a sentence, they aren’t mandatory. Judges have the discretion to go outside the guidelines by departing or varying a sentence. This discretion provides an opportunity for defense lawyers to advocate for reduced jail time.

Using mitigating factors

An experienced Brampton local criminal lawyers most powerful tool is their ability to identify and emphasize mitigating factors about the defendant or case. Mitigating factors are details that don’t excuse the crime but help explain how it occurred. These factors can persuade a judge to be more lenient.

Common mitigating factors include:

1. Minimal criminal history
2. Taking responsibility and expressing remorse
3. Mental illness or diminished mental capacity
4. Traumatic upbringing
5. Positive activities and relationships
6. Relative youth or advanced age
7. Playing a minor role in the offense

The lawyer presents proof of mitigating factors to humanize the defendant and show they are more than their worst act. This can be done through witness testimony, expert reports, letters of support, and having the defendant sincerely address the court and victims.

Leveraging sentencing options

Criminal lawyers utilize various sentencing options to keep clients out of jail or reduce time spent in custody. Common options include:

1. Probation – The judge suspends jail time and orders probation with conditions like community service.
2. Split sentence – Part of the sentence is jail time, while the rest is suspended for probation.
3. House arrest – The defendant serves their sentence confined at home with electronic monitoring.
4. Weekend jail – Defendants only serve their sentence on weekends, so they can still work.
5. Work release – Defendants work at an approved job during the day and then return to jail at night.
6. Community confinement – Defendants reside in a halfway house with more freedom than jail but still under supervision.

If a judge is unwilling to grant straight probation, lawyers propose combinations of these options to minimize actual jail time served. The defense sees issues with the prosecutor’s case that could lead to acquittal at trial. It’s better to take a lenient plea deal than risk losing at trial.  Not taking cases to trial conserves court resources and prevents victims from having to testify.