Once you are convicted of a federal offense, either in court or through a plea agreement, federal sentencing typically doesn’t occur until between 75-90 days later. A number of things are taking place during this time, and your experienced federal criminal defense attorney will be involved throughout the process to make sure correct procedures are followed, and that your rights are protected.
OVERVIEW OF FEDERAL SENTENCING
Why doesn’t sentencing occur immediately upon conviction in federal cases, as it does in many state trials? The federal government follows certain procedures to preserve due process, even if you plead guilty in court or as a result of a plea agreement. This doesn’t necessarily mean you are free during this time. For lesser or non-violent offenses, your bail may still apply, but in more serious cases, the judge may opt to place you in custody upon conviction, pending formal sentencing. If this happens, the time served usually counts toward your sentence once it is handed down.
THE PRE-SENTENCE REPORT (PSR)
In preparation for your sentencing, a probation officer will create a pre-sentence report (PSR) to give to the district court judge, and will interview you to obtain information for the report. The PSR will cover a number of personal topics as your prior criminal record, employment history, health, family background and other topics. Your criminal defense attorney may be present during the interview for guidance (and we recommend it), and you have the right to refuse to answer certain questions; however, the answers you give must be honest and truthful, or you could face additional charges.
Before the PSR is finalized, your attorney will be given a copy of the draft to go over with you, and you’ll be given a few days to file any relevant objections to the report. This process may seem a bit invasive, but the purpose of the PSR is to give the judge context about you and your conviction in order to determine the correct sentence, as discussed in the next section.
UNITED STATES SENTENCING GUIDELINES (USSG)
In preparation for your sentencing, a probation officer will create a pre-sentence report (PSR) to give to the district court judge, and will interview you to obtain information for the report. The PSR will cover a number of personal topics as your prior criminal record, employment history, health, family background and other topics. Your criminal defense attorney may be present during the interview for guidance (and we recommend it), and you have the right to refuse to answer certain questions; however, the answers you give must be honest and truthful, or you could face additional charges.
Before the PSR is finalized, your attorney will be given a copy of the draft to go over with you, and you’ll be given a few days to file any relevant objections to the report. This process may seem a bit invasive, but the purpose of the PSR is to give the judge context about you and your conviction in order to determine the correct sentence, as discussed in the next section.
THE SENTENCE HEARING, AND APPEALING YOUR SENTCENCE
In preparation for your sentencing, a probation officer will create a pre-sentence report (PSR) to give to the district court judge, and will interview you to obtain information for the report. The PSR will cover a number of personal topics as your prior criminal record, employment history, health, family background and other topics. Your criminal defense attorney may be present during the interview for guidance (and we recommend it), and you have the right to refuse to answer certain questions; however, the answers you give must be honest and truthful, or you could face additional charges.
Before the PSR is finalized, your attorney will be given a copy of the draft to go over with you, and you’ll be given a few days to file any relevant objections to the report. This process may seem a bit invasive, but the purpose of the PSR is to give the judge context about you and your conviction in order to determine the correct sentence, as discussed in the next section.
OUR EXPERIENCE WITH FEDERAL SENTENCING
Even during the sentencing process, a lot can happen to reduce the severity of your sentence, which is why your attorney should be involved with this process as much as during the trial itself. The attorneys of The Federal Criminal Law Center are well-versed in the procedures of federal sentencing, and they know how to ensure your rights are preserved throughout the process.
