During the sentencing hearing and before the sentence, the victim may choose to go to court and file a statement about the victim's impact. The court will then sentence the defendant. If the defendant is convicted in a criminal case, the judge will set a date for the sentence. Before that time, a pre-sentence investigation will be conducted to help the judge determine the appropriate sentence among the range of possible sentences set out in the statutes.
The pre-conviction investigation may consider the defendant's criminal history, family situation, health, work history, and any other relevant factors. A few months after the defendant is found guilty, he returns to court to be sentenced. The Michigan lawyers close to me at Barone Defense Firm travel across the Great Lakes state to help citizens who have legal problems in Michigan for alleged violations of criminal law. On the other hand, if the defendant has a long history of violent crimes and shows no remorse, the judge could impose the maximum sentence of 20 years.
Crimes and their penalties are defined in state laws (sometimes referred to as the criminal code or criminal code). In addition, the judge will review a filing report and consider the statements of the victims, as well as the defendant and lawyers. The victim can inform the judge about the impact that the crime has had on the victim's life, the pain they have suffered, and any other details that demonstrate why the defendant should receive a severe sentence. Rule 32 of the Federal Rules of Criminal Procedure gives both the accused and the defense lawyer the right to speak in court before the sentence is imposed.
If you have pleaded guilty to having been found guilty of a crime in Michigan, your case will be scheduled for a sentencing hearing. If you have questions about the sentencing process, talk to a local lawyer with experience in criminal law. Generally, the probation department will have prepared a filing report that describes criminal history, personal history, past and present substance abuse, and other factors. During this interview, the probation officer will gather information about your background, including your criminal history, employment information, education, family history, and other relevant information.
Because sentences increasingly reflect the impact of crimes on the lives of victims, a victim of crime can request the help of a friend or counselor when writing an impact statement. The following information will help you understand what will happen at the hearing and give you some ideas on how you can work with your lawyer to get the best possible sentence. Congress has established minimum and maximum punishments for many crimes that the judge uses to draft a sentence. This document is called a “conviction” or “conviction” and, according to resolution 6.427 MCR, the judge must prepare and sign it within 7 days of the sentence.