Federal Sentencing Advocacy Attorneys
Representing the rights of individuals facing federal sentencing
Due to the United States Sentencing Guidelines that apply to federal criminal sentences, defense lawyers may believe they have little room to advocate for their clients throughout the sentencing process. This could not be further from the truth, however, and it is important to have a lawyer handling your case who passionately and effectively advocates for your rights so that you receive a fair sentence. Attorney Paul Thomas is a former federal defender and seasoned attorney with over 25 years of experience defending the most challenging criminal cases. As a former Assistant United States Attorney, Felice Duffy worked as a prosecutor in the federal criminal justice system for ten years, participating in many criminal sentencing proceedings. Both are passionate about securing full fairness and justice through every stage of each of their clients’ cases—and sentencing is no exception.
If you are facing criminal charges or have been convicted, please call Duffy Law, LLC at 203-946-2000 to find out how we can assist you.
Ensuring that you receive a fair sentence
How you behave and the information that is brought forward at every proceeding—whether it is a detention hearing, plea agreement, or trial—will be factored into the sentencing in your case. There are many ways that a sentencing advocate can help you obtain a fair sentence throughout your case. Some examples of how to advocate for our clients include:
- Negotiating the plea agreement: When you decide to plead guilty, the prosecutor’s factual basis to justify the plea is put on the record and will be submitted to the judge for review as a consideration in sentencing. Many sentencing guidelines depend on the amount of drugs that were at issue in your situation or the value of money or property misappropriated. We will always work to ensure that the plea agreement does not unjustifiably exaggerate the extent of the criminal activity, which would lead to a wrongfully increased sentence. Additionally, it is important to ensure that your role in the offense is stated in the best way for you. For example, it is important to include facts such as that you only played a minor role in a conspiracy, that you did not use a firearm, or that you did not try to obstruct the justice process in any way. These will paint your actions in the best light to the judge.
- Representation at Trial: When you decide to go to trial, in almost every case, the trial will be before the same judge that will sentence you if you are convicted. The way you come across in person and how your lawyer presents you, including which arguments your lawyer uses on your behalf, will all affect the way the judge sees you later at sentencing. It is important that you have a lawyer that understands this and advises you so that you make sure you are represented at trial in a way that is best for you then and later at sentencing if you should be convicted.
- Advocating during a sentencing hearing: After a guilty plea or conviction, the Federal Probation and Pretrial Services will file a pre-sentence investigation report (PSR) with the court, which the judge will consider when determining a sentence.
At times, this report will likely have information contrary to the facts in a plea agreement, such as naming you a “manager” in a conspiracy when the plea agreement states you only played a minor role. Additionally, the PSR may misrepresent your criminal history.
In such instances, a qualified sentencing advocacy attorney can object to the factual contents of the PSR and request a hearing to ensure the report contains correct information so that you are represented in the best light.
Furthermore, an experienced sentencing advocate knows that the sentencing guidelines are advisory and that certain statements to the judge can help result in a lesser sentence. Presenting compelling reasons why you deserve a lesser sentence can be extremely persuasive and can result in a more favorable outcome for you.
Discuss your case with a Connecticut federal sentencing advocacy attorney today
If you are facing federal charges, you should discuss your situation with a highly experienced federal criminal defense attorney who understands sentencing advocacy as soon as possible. It is important that a lawyer gets to know you as an individual and your particular life circumstances in addition to the facts of your case to present the best arguments for you. At Duffy Law, LLC, we are here to help you through the entire justice process, so please call for a consultation with our experienced defense lawyers at 203-946-2000 as soon as possible.