is it right for a lawyer to tell judge what a prisoners sentence is

Don't ask your lawyer to ask the judge for a stay of execution unless it's absolutely necessary. You've probably already had plenty of time to prepare for any eventuality, including this prison sentence. Stand up like a man, strong and fearless, and refuse to show cowardice or despair.

Full Answer

What do judges consider when determining sentences?

The first thing that a judge will consider is the law. Criminal offenses will have minimum and maximum punishments that are set by statute. Further, case law and constitutional considerations will also impact the judge’s ability to determine a particular sentence.

What should I know about the law in prison?

The law is always evolving. If you have access to a prison law library, it is a good idea to research new developments. Prison officials have a legal duty under the Eighth Amendment of the Constitution to refrain from using excessive force and to protect prisoners from assault by other prisoners.

Does the jury determine the sentence in a criminal case?

However, the jury does not determine the sentence. It is the judge’s job to order a penalty for your conviction. The criminal statute under which you were convicted provides the appropriate sentence for the particular crime.

Do attorneys accept collect calls from prisoners?

This means a lot of letter writing and phone calls, but not all attorneys accept collect calls from prison. It is often very helpful to have someone on the outside to make necessary phone calls and to access information on the appeal process because even though inmates have access to a law library, they can’t enter whenever they want.

Do judges determine sentence?

Steps in a Trial In most states and in the federal courts, only the judge determines the sentence to be imposed. (The main exception is that in most states juries impose sentence in cases where the death penalty is a possibility.)

Can a judge overrule a sentence?

Yes. A court generally maintains power to correct an incorrect sentence. This means that if the sentence was brought about by a clerical error, the court can simply amend the abstract of judgment to reflect the correct sentence.

What makes a sentence illegal?

An illegal sentence is one imposed after a valid conviction, but not authorized by law. For example, a sentence in excess of that imposed by statute, or imposition of an unauthorized form of punishment. Motions can be filed to correct an illegal sentence. Example of a state law ( Texas) on illegal sentence.

How harsh of a sentence can a judge impose?

Typically, the statute will set a maximum penalty for a crime, such as "incarceration up to 20 years, a fine up to $10,000, or both." If a defendant has no criminal record and mitigating circumstances justify a lenient sentence, the judge might impose a prison sentence of five years and a $5,000 fine.

Do judges see through lies?

Judges are only human. The judge will do his or her best to determine who is telling the truth, but the judge doesn't know either of you very well. The judge may conclude that your ex is lying and, if so, this will certainly affect how the judge rules in the...

What is the 35 rule?

A Rule 35 motion is filed by a prosecutor and asks a court to reduce a sentence. After a Rule 35 motion is filed, a court of law is able to reduce a person's sentence in whatever degree the court decides is appropriate.

What are the 4 types of sentencing?

The four traditional sentencing options identified in this chapter are fines, probation, imprisonment, and—in cases of especially horrific offenses—death.

Can a sentence be reduced?

It is possible to get a federal sentence reduced. Even if a person is sentenced and there isn't a mandatory minimum sentencing requirement, there are ways for a person to get their sentence reduced. The arguments need to be made at the time a person is being sentenced by a judge.

Can a sentence be overturned?

There are ways to overturn a conviction: (1) a motion for a new trial, (2) a direct appeal, or (3) a writ of habeas corpus. After a guilty verdict is handed down in a criminal case, one thing a lawyer can do is file a motion for a new trial.

Does writing a letter to the judge help?

Writing a letter to the judge in a legal case can indeed influence the outcome of a case. The letter can offer the judge background information that will help him or her make the best possible decision and, in some cases, such letters can help victims and other affected parties make their voices heard.

Can a judge do whatever they want?

Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.

How do you find out someone's sentence?

Simply visit the court clerk and request a copy of the sentencing record. Remember: These are public records. Local law enforcement agencies might have access to these records as well. If nothing else, they should be able to tell you where to locate them.

When Can Sentences Be Changed?

As a general rule, once a final judgment has been entered in a criminal case—once the judge has delivered a legally valid sentence—the judge loses...

Reducing Sentences For Those Who Cooperate

Most of us are familiar with the “cooperating witness” scenario, wherein a person charged with or even convicted of a crime agrees to cooperate wit...

Compassionate Modifications of Federal Sentences

Federal law allows a narrow range of defendants to ask the court to reduce their sentences, based on the length of their incarceration, their age,...

Questions to Ask Your Attorney

1. I had a court-appointed lawyer at trial, and I’d like to file a motion to modify my sentence. Does that lawyer have to represent me? If not, can...

What do judges take into consideration when determining criminal sentencing?

However, judges must make decisions within the confines of the statute that you are convicted under , and often must consider other sentencing laws, including sentencing guidelines.

What does the judge consider when deciding the appropriate sentence range?

Once the judge determines the appropriate sentence range provided by the statute, they will consider aggravating and mitigating circumstances. The judge may also consider state or federal sentencing guidelines and other sentencing laws, which could raise your sentence to above the maximum provided for by the statute.

What are sentencing guidelines?

The United States federal sentencing guidelines provide a policy of how to sentence a defendant based on both the seriousness of the crime and the defendant’s criminal history. The guidelines provide for a rigid calculation. First, the judge determines the seriousness of the crime using different “base levels.”.

What is mandatory minimum sentence?

Mandatory minimum sentences generally require a judge to ​impose a minimum prison sentence for people convicted of certain crimes, usually drug crimes. A mandatory minimum sentence prohibits a judge from imposing a sentence lower than provided for in the statute but allows a judge to impose a higher sentence so long as the judge follows the relevant laws and sentencing guidelines.

What is the lowest base level in criminal law?

First, the judge determines the seriousness of the crime using different “base levels.”. The lowest base level is base level 1 , which represents the least serious offenses. The highest is base level 43, which represents the most serious offenses.

How long can you go to jail for theft?

The statute will usually include a minimum and a maximum sentence. For instance, a statute may provide that a conviction for theft could result in 1 to 5 years in prison.

Does a jury decide if you are innocent?

Unless you plead guilty to a criminal charge, a jury will decide whether you are innocent or guilty. However, the jury does not determine the sentence. It is the judge’s job to order a penalty for your conviction.

How long can a prisoner be in jail?

Under the law, if the Director of the Bureau of Prisons so recommends, a judge may modify a prison term for a prisoner who has served at least 30 years in prison, who is at least 70 years old, and whom the Director feels is not a danger to other people or the community. ( 18 U.S.C. § 3582 .)

What is an illegal sentence?

An illegal sentence is one that has no basis in law or was the result of a clerical error. It is almost always subject to correction, but only according to rules of criminal procedure. In the federal system, a trial court has 14 days from the date of sentencing to correct arithmetical, technical, or other “clear errors.”.

What is an unconstitutional sentence?

Importantly, a claim that a sentence is unconstitutional does not bring that claim within the laws that allow for the correction of illegal sentences ...

Can a defendant argue that his confession was improperly admitted?

For instance, a defendant cannot argue on appeal that his confession was improperly admitted unless he objected to its admission at trial. But when it comes to illegal sentences, the appellate court can take up the issue even if the defendant didn’t object to it at sentencing time.

Can a sentence be modified to increase punishment?

But if the original sentence was legal, it cannot be modified in a way that increases punishment.

Can a federal court modify a sentence?

Federal courts, as well, can modify sentences only in a narrow range of circumstances.

Do sentences have to be set in stone?

Most sentences are, in fact, set in stone. State and federal laws allow for a few exceptions. The great majority of convicted criminal defendants serve the sentences that were handed down from the bench during the sentencing hearing.

When do judges hand down sentences?

In misdemeanor cases, judges frequently hand down sentences immediately after the defendant pleads guilty or no contest or is found guilty after trial. Where the possibility of significant incarceration exists, however, the judge might not impose a sentence until some days or weeks later in a separately scheduled sentencing hearing.

Who is most commonly present at a sentencing hearing?

The people who most commonly speak at a sentencing hearing are the prosecutors, the defense attorney, the victims, ...

What is Rule 32?

Rule 32 of the Federal Rules of Criminal Procedure grants both the defendant and defense counsel the right to speak to the court before a sentence is imposed. As can be expected, the prosecutor's comments will tend to highlight aggravating factors in the crime and past criminal behavior on the part of the defendant.

How long is a lenient sentence?

If a defendant has no criminal record and mitigating circumstances justify a lenient sentence, the judge might impose a prison sentence of five years and a $5,000 fine. On the other hand, if the defendant has a long history of violent crimes and shows no remorse, the judge could impose the maximum 20-year sentence.

What is the role of the victim in a criminal case?

It used to be that the victim played a minimal role in a criminal prosecution. The victim's only job, if any, was to testify at trial about the circumstances of the offense. Now victims participate more, from the beginning, when they are involved in prosecutors' pretrial investigations, to later, when they give statements in court to the judge during sentencing hearings.

Can a defendant speak on their own behalf?

No one, not even defense counsel, may be able to speak as persuasively as the person facing the sentence. Thus, defendants also have a right to speak on their own behalf before the judge imposes the sentence. This is known as the defendant's right of allocution.

What is the duty of a prison officer?

Prison officials have a legal duty under the Eighth Amendment of the Constitution to refrain from using excessive force and to protect prisoners from assault by other prisoners. Officers may not use force maliciously or sadistically with intent to cause harm, but they may use force in good faith efforts to keep order.

What to do if you are asked to strip down in front of other prisoners?

If you are asked to strip down in front of other prisoners and you do not feel comfortable, politely ask to be moved to a separate area. If you cannot use a private shower, ask to shower at a different time from other prisoners or in a private area (as the PREA standards require).

What to do if you are in protective segregation?

If you are placed in protective segregation and do not want to be there, file a grievance and all appeals about your placement.

What happens if you inform a prisoner that you are transgender?

If you notify prison officials that you are transgender, and/or have been threatened, officials are legally required to act to protect you. When you enter prison, inform staff you are transgender or believe you are at risk — both verbally and in writing.

What are the rights of a woman who refuses an abortion?

You have the right to prenatal and other medical care for your pregnancy and postpartum care. You cannot be forced to pay before you can get the medical care you need.

What are the protections for prisoners?

Federal law provides special protections for prisoners’ religious exercise. If a prison policy, rule, or practice significantly impedes your ability to practice your sincerely held religious beliefs, prison officials must show that applying the rule to you furthers an extremely important (in legal terms, “compelling”) governmental interest (e.g., prisoners’ safety or health) and that there is no other reasonable way to go about protecting that interest. If prison officials cannot show this, they must provide a religious accommodation to enable you to practice your faith.

How to file a federal lawsuit in jail?

Prisoners who want to file a federal lawsuit about events in jail or prison must first complete the internal appeals process. This means that you need to know the rules of any appeals (or “grievance”) process in your facility, including time limits on filing an appeal after something happens.

What rights do you have in a disciplinary hearing?

In a disciplinary hearing, you won’t have a right to an attorney, to confront witnesses or to a jury. But there are still rules that the prison must follow. In federal prison, for example, the Bureau of Prisons has a form outlining those rights. Some of them are significant.

What kind of punishments can prison officials use?

The type of punishment depends on the type of violation. Prison officials can take away your privileges, including your access to visitors, a phone, commissary and even paid work. For more severe misconduct, they can also place you in solitary confinement. However, prison officials cannot deprive you of basic human needs.

What can you do to prepare for a disciplinary hearing?

If you’re charged with misconduct in prison, there are several things you should keep in mind.

The Takeaway

When the government charges you with a crime, you have many rights protecting you. When you’re charged with misconduct in prison, you don’t have those rights. In short, there are not many rights that prisoners have during disciplinary hearings.

What does it mean when you are in prison with no parole?

For those serving life sentences with no possibility of parole, that means they will most likely spend the rest of their lives behind bars. I should also note then when you are incarcerated and win an appeal, in most cases you aren’t automatically released from prison.

Why is the verdict incorrect?

Either the inmate’s constitutional rights were violated, their lawyer didn’t do their job properly, or the verdict was incorrect because the trial wasn’t fair in some way. Eventually, the judges will come to a decision and write an opinion stating their reasons for either affirming your conviction or granting your appeal.

How to trigger your right to appeal?

To trigger your right to an appeal, an attorney must file the notice of appeal and an appellate brief, in which they argue your reasons for appeal. You do have the option of filing an appeal, “pro se,” which is representing yourself without an attorney, but it is not recommended.

Can you appeal a case if you don't file it?

In order to get a court of appeals to look at your case, your attorney will need to file a notice of appeal in a timely manner because there are deadlines, and it is nearly impossible to appeal your case if you don’t file the appeal on time. If an inmate wishes to file an appeal, they need to contact an attorney the moment they get to prison.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Access to The Courts

Freedoms of Speech, Association, and Religion

• Prison officials may not interfere with prisoners’ rights of speech, association, and religion unless doing so is reasonably related to a legitimate penal interest. Nor can an official retaliate against a prisoner for exercising these rights. Included within this right is the ability to receive literature and information—again, subject to legitimat...

See more on lawyers.com

Rights Concerning Searches, Seizures, and Personal Property

Living Conditions, Medical Care, and Discipline

Due Process Rights

Right to Assistance of Counsel

Pretrial Detainees

Questions For Your Attorney