Sentencing Advocacy

The Federal Sentencing Guidelines are extremely complicated by themselves. They are made even more complicated because every day, Federal courts around the country interpret and apply the Guidelines differently to countless situations and cases. To make matters even more complex, the United States Supreme Court and Congress make new law on sentencing constantly. An attorney has to be aware of all of these updates in the law and use them to the client's advantage. [showhide type="federal" more_text="Keep Reading (%s More Words)" less_text="" hidden="yes"]
In 2005 the United States Supreme Court ruled that the Federal Sentencing Guidelines are not mandatory, and gave Federal District Court judges the ability to impose any legal sentence above or below the Guidelines sentence. This gave judges the freedom to consider sentences lower than the Guidelines, which are frequently harsh and excessive.

This also gives a sentencing lawyer the ability to use creative approaches to convince Federal judges to impose lower sentences than the Guidelines sentence.

At Halscott Megaro PA, we draw upon extensive experience with sentencing around the country – not just in Federal courts, but also in State courts across the nation. We use our skill, experience, and resources to accurately predict what sentencing exposure our clients face. We also use our forensic psychologist and mitigation specialists to assist us in making the best presentation possible to the sentencing judge.[/showhide]

Each State has its own unique sentencing scheme. Some States have a sentencing scheme similar to the Federal Sentencing Guidelines. Some have a very different system, requiring judges to determine mitigating factors, aggravating factors, and a wide variety of other factors. [showhide type="state" more_text="Keep Reading (%s More Words)" less_text="" hidden="yes"]
Most States have laws that enhance a sentence based upon certain factors such as prior convictions, number of victims, whether a firearm was used in the commission of the offense, etc. Most states have mandatory minimum sentences for certain crimes – and then exceptions to those rules, and exceptions to those exceptions.

Whatever the State's sentencing scheme is, one thing is the same in every single State – if the attorney representing the client at sentencing is unprepared and not ready to forcefully argue for the lowest possible sentence, the client will suffer.

In most States, there is no second chance at sentencing. When the Judge announces the sentence that is likely the sentence that the client will be stuck with, unless a motion for post-conviction relief or an appeal is successful.

This is why it is so important to hire an Orlando appeals attorney who will prepare the case by submitting appropriate sentencing materials, making the appropriate legal and Constitutional challenges to sentences ahead of time, and go to court, armed with the right tools, to advocate forcefully for a client and convince a court to show leniency at sentencing.

Typically in State court, you only get one shot at a sentencing hearing to persuade the Judge to give you leniency. Make it count by hiring the right law firm.[/showhide]