A defendant who pleads guilty or is handed a guilty verdict after trial will be sentenced or punished according to the penalties fixed by applicable criminal law. If both sides had previously entered into a plea bargain agreement, the judge may impose punishment based on its terms or take into account other factors before fixing the defendant’s sentence. Negotiating a plea bargain and presenting favorable circumstances in evidence are effective sentencing strategies by a criminal defense lawyer. The judges may choose from several sentencing options to promote rehabilitation of the offender while reducing the strain of overcrowded jails. Check out the following website, if you are looking for more details on criminal lawyers inverness.
The objectives of sentencing are the following to ensure that the offender is adequately punished for the offense, to prevent crime by deterring would-be offenders from committing the same act, to protect the community from the offender, to promote rehabilitation of the offender, sentencing options. Courts may impose any of the following sentences on guilty offenders including dismissal and conditional discharge, bond, deferred sentence, payment of a fine, community service, periodic detention, suspended sentence, full-time custodial imprisonment. Sentencing options for young offenders are different and are likely to be less severe because its primary aim is to rehabilitate the offender before reintegrating the young offender into society. The following factors may help persuade a judge to grant a more favorable sentence includes the demeanor, statements, and cooperation of defendant during trial, presence of mitigating circumstances which reduce the responsibility of the defendant as the perpetrator of the crime, past criminal history, mindset and intention of the offender while committing the crime, extent of damage as a result of the crime such as personal injuries, property damages, expenses, and personal costs, absence of treachery, cruelty or premeditation in the commission of the crime
Sentencing may take place immediately after a guilty verdict in misdemeanor cases or after a few days or weeks in felony cases and those that may carry long incarceration periods. During the sentencing hearing, the judge may allow allocution statements to be made by persons for the defendant. These and other factors like detention time already served, good behavior between the time of conviction and sentencing, and statements made by the offender in pre-sentencing reports are some of the matters that may be used to obtain a favorable sentence with the assistance of your criminal lawyer. Courts are limited in their sentencing options to ensure that not only is a crime adequately punished but more importantly, that an offender is not punished excessively. A criminal defense lawyer is an integral part of any criminal case procedure. They are qualified defense attorneys to represent individuals charged in any criminal case. They are responsible to ensure that the accused gets the right treatment from law. They are responsible to bring the facts before a court of law. They have to represent the accused in order to give arguments on behalf of the accused and help a wrongly accused person from legal punishment. Hence, they should be a highly experienced person with years of experience in a specialized section of the law.