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Sentencing Procedure FAQs at The Law Office of Monte J. Robbins, Esq.

If you or a loved one has been convicted of a crime, understanding the sentencing process is crucial. Below are some common questions about how sentencing works, answered by The Law Office of Monte J. Robbins, Esq.

Who Decides the Sentence After a Conviction?

Typically, judges carry the responsibility of determining a convicted defendant's punishment. Post-trial, jurors are instructed to refrain from considering potential punishments when deliberating on a defendant’s guilt or innocence. However, in cases involving capital punishment where state law allows, a jury's recommendation might be needed for a judge to impose a death sentence instead of life in prison.

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Where Are Punishments for Crimes Stipulated?

The law that the defendant allegedly violated may state a specific punishment for the infraction. For instance, a statute may designate a misdemeanor and suggest a maximum fine or imprisonment term. If a law does not define a punishment, it could be located in a separate statute that details penalties for that specific crime or a broader set of misdemeanors or felonies. To understand potential penalties upon conviction, consider:

  • Consulting with a private defense attorney, like those at The Law Office of Monte J. Robbins, Esq., to discuss likely outcomes.
  • Seeking advice from a public defender’s office.
  • Inquiring with knowledgeable relatives or friends for informal guidance.

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Are Sentences Consistent for Similar Offenses?

While some states have mandatory sentences ensuring identical punishment for specific crimes, others allow judges to weigh various factors. This discretion can result in different sentences for similar offenses based on the defendant’s history, the crime's context, and their level of remorse, among other things.

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What Factors Influence a Judge’s Sentencing Decision?

Judges consider a range of mitigating factors potentially leading to reduced sentences, such as a defendant’s minimal criminal history, being an accessory rather than the principal actor, personal hardship at the time of the crime, and offenses unlikely to cause harm. Conversely, aggravating factors like a history of similar offenses or excessive cruelty can result in harsher penalties.

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Is It Possible to Request an Alternate Sentence?

Certainly. Attorneys can advocate for alternative sentencing options including suspended sentences, probation, restitution, or community service. Additionally, qualifying defendants charged with misdemeanors related to substance use might be eligible for diversion programs.

Understanding the complexities of sentencing can be challenging, but you don't have to navigate it alone. At The Law Office of Monte J. Robbins, Esq., our seasoned legal team is ready to provide clear guidance and robust defense strategies. Reach out to us at 303-355-5148 to pursue the best possible outcome for your case.

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Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy