 |
| Harsh sentences are given for many reasons. |
In our criminal defense practice I always keep two things in mind:
Why does a judge sentence harshly?
Why would a judge show leniency?
Sentencing Lessons to Learned from Other States and Cases
You know a lot can be learned when reading about how others practice law. I always wonder can we as a collective defense bar do it better? In our DWI and drug cases I wonder how to get leniency? Our philosophy is that people and judges are people, can be reasonable if given the reasons to be. Why should I? That is on everyone's mind. Why do something?
I think defense is an art and science. Can we learn something from the harsh sentence handed out in Texas? Is it just a rogue judge, no I think not.
The defendant did a few things that exacerbated her sentence with the judge.
What You Do After You Have Been Charged is Crucial to Your Final Sentencing
After this woman was indicted and before she entered a plea she did a few things. These were against her interests in many respects. Was she advised by her lawyer to do them? I would think not.1. She told co-defendants to lie.
This lead to another felony of obstruction of justice charge. Beginning with multiple criminal charges is one thing but to add to them after the fact is generally a bad idea.
Lesson learned: If you've been caught and charged, don't make things worse after the fact.
Trying to impede a government investigation by covering up, lying, and deceit is always a bad idea. Once your caught, they have lots of evidence, it's better to discuss your case with an attorney before making any further decisions or taking action.
2. She was offered a plea deal to one count but refused to accept it.
This one count plea offer had a maximum sentence of 14.5 years. That was a very limited exposure time. Sizing up your case, dealing with reality early, and realizing that damage control may be in your best interests is important. That is why 97% of criminal cases result in plea deals. I have had judges tell me quite candidly that not taking the deal, not having my client accept responsibility opened him up to harsher penalties post trial.
Lesson learned: deciding to accept or to reject a plea offer is not a small decision.
3. She moved forward with a trial and refused the plea offer.
Trials allow the judge to see and hear all of the evidence against you. They are consuming of time and resources. To make a judge go through with an unnecessary and lengthly trial makes them angry. If it doesn't make them angry it at least frustrates them that you are wasting government time, money, and energy on a futile effort at best. Yes, you deserve and are entitled to a trial but is it really in your best interests?
Lesson learned: Just because you feel entitled to a trial, entitled to justice, and entitled to be heard doesn't mean it's in your best interests to do so.
These are the basics of what to do to get a better shake after the fact:
1. Have an attorney look at your case objectively. In the best light what are your chances of a successful defense? If it's not better than 50/50, then way out the benefits of a plea offer.
2. Own and take responsibility after you have accepted a plea offer. Now is not the time to minimize what you have done, to justify it, or to rationalize it. Ownership is something that judges like.
3. What can you do to demonstrate your remorse? What can you agree to do to prove rehabilitation? Denial at any stage after a plea offer has been accepted is not a smart way to proceed.
Lawrence Newman is a partner in Newman and Cyr which focuses on DWI and criminal defense in the Fingerlakes region of New York State. contact larry@ithacacdwi.com
No comments:
Post a Comment