When someone is convicted of a crime and they find out what the legal punishment for their behavior will be, this is known as the sentencing phase, and it is separate from the part of the trial that determines guilt or innocence. Because there are many different levels of crimes from minor infractions to aggravated felonies, there are also many different levels of possible criminal sentences.
Sentences range from fines and community service up to serious prison time, and in a few places, capital punishment such as the death penalty. It is important to note that every jurisdiction defines their own criminal sentencing guidelines differently, and the possible sentence for a conviction largely depends on where you are.
According to Constitutional law, every accused individual has the right to a trial by a jury of their peers. However, because criminal trials are divided into the guilt phase and the sentencing phase, this right is only absolute for the guilt/innocence portion of the trial.
In general, it is the judge overseeing the trial’s proceedings that ultimately decides on someone’s sentence. The notable exception to this rule would be capital punishment cases in which the jury is present for both phases of the trial. The federal justice system rules are laid out as guidelines for the judge to reference after a person is found guilty of the offense. They also allow the judge to consider various mitigating and aggravating factors before passing a sentence.
The sentencing phase of a trial allows certain kinds of evidence to be introduced that cannot be introduced in the guilt/innocence phase. An example of this would be how past criminal history cannot be introduced as proof that the defendant is more likely to have committed this crime, as this creates an unfair bias against the accused.
Some other factors that a judge will consider before deciding on a sentence include:
- Past criminal history, as a first time offender is more likely to receive a lenient sentence than a repeat offender;
- The convicted person’s role in the offense, such as whether they are the main actor, or merely an accessory;
- Whether they were pressured or unduly influenced to take part in the offense; and
- The offender’s mannerisms, as violent, vindictive, and cruel behavior during the commission of the crime generally means that judges are less likely to be lenient.
What Is Mandatory Sentencing?
According to criminal laws, some crimes must be punished by a minimum amount of years spent in jail or prison. These jail terms are generally governed by guidelines and statements set out in criminal statutes, which are referred to as mandatory sentencing laws or mandatory minimum sentencing statutes. Mandatory sentencing most commonly applies to drug charges, especially in cases involving repeat offenses. Other areas of law may utilize mandatory sentencing as well, such as federal trademark laws.
Mandatory sentences are not generally subject to considerable change. However, there are certain instances in which a mandatory sentence can be lowered or changed in such a way that is more favorable for the defendant.
An example of this would be how in a drug crime case, certain mandatory sentences may apply when the defendant has a prior felony record. However, according to laws such as the Controlled Substances Act, the prosecutor may be able to choose whether or not to disclose the defendant’s prior felony record. If the prosecuting attorney exercises their discretion to avoid making such disclosures, the mandatory sentence may not apply.
Another option that may be available for the defendant would be to provide information or evidence regarding other criminal suspects. In exchange, their mandatory sentence may be lowered after they provide these disclosures. Additionally, a sentence may be lowered as a result of applicable jail credit.
What Is Jail Credit?
Once law enforcement has an arrest warrant, they can arrest the suspect named in the warrant for the crime and send them to jail. After the arrest, the defendant will have a bail hearing in which a judge will determine whether to release the defendant on bail or on their own recognizance. This means that they may be released without paying a bond or bail.
However, the defendant may spend time in jail between their arrest and trial, without being released. In such cases, if the defendant is convicted of the crime, they may receive what is known as jail credit towards their sentence.
Jail credit, or “credit for time served,” refers to time spent in jail while awaiting trial. This time may be used to lower the amount of time that someone must serve in prison or jail once they have received a jail or prison sentence. However, the time that they are serving in jail cannot be considered for jail credit if it is part of a sentence for a different crime.
An example of this would be if a person is arrested for a misdemeanor and spends two days in jail before they are released. At their trial, they are sentenced to ten days in jail and a fine. Because they have already spent two days in jail while they were awaiting trial, those two days can count towards the ten days that they are required to serve, even though they had not been sentenced at that time.
However, if a person has been arrested and convicted for a crime and is serving out prison time as part of their sentence for that crime and they are then convicted for a second crime while serving the sentence for the first crime, that time cannot be counted as jail credit for the second crime’s sentence.
Jail credit may only apply to time spent in an actual jail or prison, and not for other forms of confinement. An example of this would be how time spent under electronic house arrest, in which you have an ankle monitor to ensure that you stay where you are required to be, will not count towards jail credit.
Likewise, if you spend time in a privately-run residential drug or alcohol treatment program prior to your trial and you are not charged with driving while intoxicated, the time that you spend in treatment cannot count towards jail credit.
However, some states may allow you to get jail credit for time in treatment facilities. An example of this would be how if you have been charged with driving while intoxicated (DWI), you may receive jail credit for time spent as an inpatient at a state-operated or state-licensed treatment facility for treatment of alcohol or substance abuse.
The treatment must occur after the commission of the offense for which you’re sentenced; meaning, if you go to treatment first and then commit the DWI, that time in treatment will not count towards jail credit. The distinction would be that the treatment facility is state-operated, and the charge involves DWI.
Do I Need A Lawyer For Help With Lowering Mandatory Sentencing?
Mandatory sentencing laws can be especially complex, and they also contain many exceptions that might allow a sentence to be changed or altered. You should hire a criminal lawyer if you need help with any type of criminal matters.
An experienced criminal attorney can help determine what types of options are available for you according to your state’s specific criminal laws. Additionally, your lawyer can explain mandatory sentencing laws so that you can understand how such laws might affect your case.
