Sentencing Blog

“Indeterminate Sentencing” – What is it and how does it work?

Posted on January 10, 2023 | Category: Criminal Defense, Felony, Penalties, Sentencing

What is indeterminate sentencing? How it worksWatch this video on YouTube An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range. For example, a defendant could be sentenced to “15 years to life in prison.” With an indeterminate sentence, a minimum prison term is always given but …

“Suspended Sentence” in Criminal Cases – What Does It Mean?

Posted on December 8, 2022 | Category: Criminal Defense, Sentencing, Useful information

What is a "Suspended Sentence"?Watch this video on YouTube A suspended sentence is where a judge sentences a defendant to jail or prison time, but then delays imposing the sentence in order to let the defendant serve time on probation. If the defendant completes probation successfully, the judge typically dismisses the case without placing the …

Mitigating Circumstances – What Does it Mean? What are Examples?

Posted on December 1, 2022 | Category: Criminal Defense, Sentencing, Useful information

A man being influenced to potentially do something out of character, potentially leading to a mitigating circumstance defense if he does something wrong.

You might be facing criminal charges and are worried about a harsh sentence. You do not have a criminal record and your alleged offense was out of character. Does this matter? Can you present evidence like this to secure a more lenient sentence? Most often, yes. “Mitigating circumstances” are facts surrounding a crime that work …

Consecutive vs Concurrent Sentences – What’s The Difference?

Posted on July 27, 2022 | Category: Criminal Defense, Penalties, Sentencing

Concurrent vs Consecutive Sentences: What's the Difference?Watch this video on YouTube A consecutive sentencing plan is where a court imposes two or more terms of custody time and you serve one term immediately following another. By contrast, a concurrent sentencing plan is where you serve all the sentences at the same time, with the prisoner …

How to write a letter to a judge for leniency – 5 tips

Posted on July 8, 2022 | Category: Criminal Defense, Sentencing, Useful information

A man writing a sentence modification letter to give to the judge.

A letter asking for leniency is a letter to the judge in a criminal case, usually submitted around the time of sentencing, asking the judge to go easy on the defendant. Because judges often have wide discretion as to sentencing, these letters sometimes help to persuade them to impose a lighter rather than a harsher …

First Probation Violation – What Can Happen to Me?

Posted on April 12, 2022 | Category: Criminal Defense, Sentencing, Useful information

A possible probation violator in handcuffs.

Most state laws set forth three possible outcomes if a person violates his/her probation for the first time. These include a judge: issuing a warning to the probationer and reinstating probation under the person’s original terms, modifying the terms of the probation (often to make them harsher), or revoking probation and sending the probationer to …

How long does a sex offender have to register?

Posted on March 12, 2022 | Category: Penalties, Sentencing, Sexual Assault, Useful information

A young man visiting the police station to add his name to the sex offender registry.

People required to register as sex offenders typically must do so within a short amount of time following their sentencing or release from custody. States have different definitions for a short amount of time, but it is most often this is within three to five days. Most jurisdictions also require offenders to re-register (or update …

Alternative Sentencing in California – 5 Common Types

Posted on January 26, 2021 | Category: Criminal Defense, Penalties, Sentencing, Useful information

There are five common types of alternative sentencing in California criminal cases. These are community service, home detention, drug diversion programs (per Penal Code 1000), drug treatment programs (per Proposition 36), and probation. As to the latter, California law allows for either: misdemeanor (or summary) probation – for misdemeanor offenses, or felony (or formal) probation …

How to Seek Resentencing Based on the LA County DA’s New Policies

Posted on December 8, 2020 | Category: Sentencing

Defense attorney with defendant at table in courtroom

As of December 8, 2020, people who have previously been convicted of a crime in Los Angeles County may be able to petition the court for a reduced sentence or even an immediate release. And people who are currently being held on bail may be able to get released on their own recognizance right away. …

What are Presentence Investigation (PSI) Reports in Nevada?

Posted on October 20, 2020 | Category: Criminal Defense, Sentencing

Nevada presentence investigations (PSIs) are reports conducted by the Division of Parole and Probation (NPP) on each defendant who gets convicted of a felony. First the NPP interviews the defendant. Then it composes the PSI report for the court, which relies on it to determine criminal sentences and whether the defendant can get probation instead …

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