What's the process for imposing sentence in federal court?

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Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), describes the process for how a federal judge decides what sentence a person should receive after a conviction for a federal crime.

Federal sentencing procedure can be complicated. This video by Washington DC criminal defense attorney Matt Kaiser explains what happens between the time a person is convicted in federal court and See more +

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), describes the process for how a federal judge decides what sentence a person should receive after a conviction for a federal crime.

Federal sentencing procedure can be complicated. This video by Washington DC criminal defense attorney Matt Kaiser explains what happens between the time a person is convicted in federal court and when the federal judge announces the sentence.

If you are facing a federal sentencing, or you have a loved one who is facing a sentencing hearing in federal court, this video should provide information that will be helpful to know what to expect next.

If you'd like more information for people facing federal criminal charges, under investigation for a federal crime, or trying to appeal a criminal conviction in federal court, please visit our webpage at:

http://www.thekaiserlawfirm.com

If you'd like more information, you can read our blog - which describes every published opinion in a federal criminal appeal where the defendant wins - you can read it here:

http://www.federalcriminalappealsblog.com

Transcript of the Video:

After a person is convicted of a crime either by plea or a trial the next thing that happens in their case which can be a significant and incredibly important moment in their life is they are sentenced, the judge says how long they are going to be in prison if they are going to prison at all. The procedure for how that judge determines that is a little bit tricky and it's important to know what it is if you are going into a sentencing proceeding. The first thing that happens is a probation officer or somebody who the court asks to do this job, goes out and sits with the person who has been convicted and interviews them. the probation officer puts together what's called a presentence report, a presentence report it's a document that’s a – it's a social history, it's a family history and educational history, financial history, it's any kind of history there can be of the person who is going to be sentenced.

It goes to the judge and it goes to the prosecutor and it goes to the defense lawyer. You will have a chance to object what's in the prisons report and there are small objections and large objections and you should work with your lawyer to figure out what objections need to be made. The next thing that happens is you work with your attorney to prepare a sentencing memorandum. The way I do these they are substantial documents that have letters from family and friends who want to say good things with the person who is going to sentencing and they lay out why the person who is going to sentencing should get a lower sentence.

Finally what happens is you go to a sentencing hearing and that’s a chance for the judge to hear in person from your attorney they also listen to the prosecutor and what the prosecutor has to say and they listen to the person who is being sentenced. If that’s you they will listen to you and you will need to work with your attorney to figure out what it is you want to say so that when the judge at the end of the hearing announces the sentence, you have the best chance possible of getting the lowest sentence possible. See less -

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Topics:  Convictions, Presentence Report, Sentencing, Sentencing Memorandum

Published In: Criminal Law Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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