How long does the sentencing phase take? Knowing how long the sentencing phase takes in Minneapolis, MN, can help you ease worries and work towards receiving a fair sentence. The sentencing phase of the criminal justice process usually takes only minutes, especially when the judge approves the sentence negotiated in a plea bargain. Sentencing can sometimes be lengthy, particularly when you get convicted at trial, and the judge schedules a hearing to a later date to decide on appropriate legal penalties. The nature and seriousness of the criminal conviction, whether your sentence is negotiated or determined by a judge, and continuance motions are some factors that may affect the length of the sentencing phase.
Having a criminal defense lawyer on your side during the sentencing phase can ensure your legal rights and best interests are safeguarded. Your lawyer will ensure you understand the short and long-term effects of a conviction. The lawyer will also aggressively represent you throughout the sentencing phase to ensure you get a fair sentence.
Keller Criminal Defense Attorneys can protect your rights and push for the best possible outcome during the sentencing phase of your criminal case in Minneapolis, MN. Call (952) 913-1421 for a free initial consultation.
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How Does Sentencing in Minnesota Criminal Cases Work?
Sentencing is the final stage in the criminal trial court process. The court receives sentencing jurisdiction once you enter a guilty plea through a plea bargain or are found guilty through a trial proceeding. The court then sets up a sentence hearing date. The sentencing phase includes:
Pre-Sentence Investigation Report
A probation officer helps the judge reach a fair sentence by preparing a detailed pre-sentence investigation (PSI) report. The officer commences the pre-sentence investigation by obtaining written information from you. The officer interviews you and assembles relevant evidence. The officer then compiles a PSI report.
The report highlights your personal history, prior contacts with the criminal justice system, substance abuse history, and other factors. It also contains recommendations on what the probation officer thinks would be a suitable sentence.
The PSI report is not accessible to the public. It is only available to the defense team, the prosecutor, and the court. The defense will get an opportunity to challenge the factual findings and recommendations of the PSI report. The same applies to the prosecution team.
Prosecutor’s Comments
The prosecutor will get a chance to talk during a sentencing hearing. The prosecutor will most likely emphasize the aggravating factors in the criminal offense and the defendant’s criminal history.
Defense Attorney’s Response
Your defense lawyer is another party that will speak at your sentencing hearing. Your lawyer will counter the prosecution’s statements with arguments highlighting mitigating factors that support a lighter punishment. The lawyer will also outline factual errors in the pre-sentence investigation report.
Defendant’s Statement
As the defendant, you have a right of allocution. In other words, you have a right to talk on your own behalf during the sentencing hearing. Your lawyer will help you prepare what you will say at the hearing.
Minnesota Sentencing Guidelines
Minnesota Sentencing Guidelines became operative in 1981. Since then, the number of people convicted of felony-level offenses has grown from 5,500 to 16,259 in 2022.
These Guidelines encourage uniformity and keep constitutionally protected classifications like race, religion, and gender from influencing sentencing decisions. The Guidelines are intended for felony convictions.
They are not meant for non-felony convictions like misdemeanors and gross misdemeanors. However, non-felony convictions can impact the Criminal History score provided in the Sentencing Guidelines.
The sentencing guidelines in Minnesota constitute a grid system that evaluates the crime severity and the alleged offender’s criminal history. The outcome of this evaluation is a presumptive sentence. The judge must carefully consider these guidelines to arrive at a suitable punishment.
Besides the offense severity and the defendant’s prior offenses, the judge will consider the level of suffering experienced by the victim before imposing a sentence. The judge will also consider the defendant’s age, mental health status, and financial situation if sentencing includes paying restitution to the victim.
What Factors Impact the Length of the Sentencing Phase?
Several factors may influence how long sentencing takes.
Nature and Seriousness of Your Case
The seriousness of your criminal situation will determine the length of the sentencing phase. A judge may sentence you shortly after the trial if you are convicted of a misdemeanor. A misdemeanor DWI conviction, for instance, will be accompanied by a sentence.
Serious offenses, like felonies, may have a longer sentencing phase. The judge will schedule a sentencing hearing a couple of weeks after the trial concludes. The goal is to give the prosecution and the felony defense attorney sufficient time to prepare for the hearing.
Negotiated Sentences vs. Sentenced Determined by a Judge
The length of the sentencing phase often depends on whether the sentence is negotiated through a plea deal or determined by a judge after a guilty verdict. The sentencing phase can be brief if the judge authorizes the sentence negotiated through a plea bargain.
The sentencing phase can, however, be quite long if the judge has the discretion to impose a lengthy jail time. The judge will order a pre-sentence investigation and report. The prosecution and defense team will get time to support or contest the report. All these activities require time and can prolong the sentencing phase.
Motion to Continue Sentencing
A motion to continue sentencing seeks to postpone the scheduled hearing. A continuance motion is one of the reasons a criminal case may take longer. Either the prosecutor or the defense attorney can ask for a continuance.
Your lawyer may make a continuance request if he or she believes that more time is needed to prepare for the hearing. The prosecution team must do the same when it requests a continuance.
What Are Some of the Most Common Delays in the Sentencing Phase?
The most common delays in the sentencing phase include:
- Court Case Backlogs: The court hearing your case may have a huge volume of cases on the line. This backlog can result in delays before your case is slated for a sentencing hearing.
- Personal Emergencies: The sentencing phase may also take longer due to personal emergencies. The defendant may, for instance, request the judge to move the sentencing hearing to a different date due to medical or family issues.
- Gaps in Speedy Trial Requirements: The defendant is entitled to a speedy trial. The Constitution, however, does not explicitly say what qualifies as “speedy.” A court may use this gap to permit some delays that it considers reasonable.
- Alternative Sanctions: A delay in the sentencing phase may also stem from alternative sanctions. An example is when the court requires a defendant to pay a fine or comply with a community service order before dismissing the case or resolving it through other means. Such an arrangement takes longer than regular sentencing, as it has more administrative requirements.
How to Prepare for Your Sentencing Hearing
Sentencing is one of the hearings that can leave you anxious and scared. A judge can order you to serve jail time, pay fines, comply with probationary conditions, or impose other punishments. Thorough preparation can increase your chances of getting the best possible outcome.
Speak With Your Lawyer Regarding Your Situation
An experienced defense lawyer can ease the worries of facing a sentencing hearing by explaining how it works and what you should expect. The lawyer can also advise you on the steps to set yourself up for a positive result. Listening and carefully following your lawyer’s advice can help minimize the hidden costs of a criminal conviction.
Start Rehabilitation Efforts Right Away
Speaking about your rehabilitation plans cannot convince a judge that you are ready to reform. You must submit proof of your rehabilitation efforts. Evidence of attending AA meetings, enrolling in drug treatment programs, and performing community services can help demonstrate your commitment to reform. Attending anger management classes can also prove helpful, especially if you are convicted of domestic violence charges.
Certificates, reports, and letters from your employer, healthcare provider, and counselor are crucial pieces of evidence. Other essential documentations include school records and pictures. Share copies of these documents with your lawyer, who will, in turn, submit them to the judge and the prosecution team.
Character Letters
Use character letters to support your story. These letters can come from your spouse, partner, or a close friend. People who command respect within your community, such as religious and community leaders, can also be a great source of character letters.
Character letters should highlight your good behavior, regret, and rehabilitative efforts. They should outline the strides you have made through noble acts.
The letters should not use ambiguous descriptors like “he loves his family” or “he is caring and charitable.” Instead, they should narrate passionate and authentic stories that naturally bring out those qualities.
Don’t hesitate to contact us at Keller Criminal Defense Attorneys if you have an upcoming sentencing hearing or think a legal mistake has affected your case. Our experienced criminal defense team will represent you during the sentencing hearing and help you explore all available options for appeals.
