Federal Crimes Attorney in Boca Raton, Florida
How does the federal sentencing process work, and what factors can increase or reduce a sentence?
How does the federal sentencing process work, and what factors can increase or reduce a sentence?
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So in federal court, unlike in state
court, there are no traditional ps where
a specific sentence is negotiated with a
prosecutor. Every case in the federal
criminal justice system that results in
a plea deal or in a conviction at trial
does proceed to a sentencing. So at
sentencing, the judge is going to take
basically three different things into
account. And what the judge is going to
consider is first and foremost what the
position is of the United States
Probation Office. After somebody enters
a plea deal in federal court, within a
few weeks, they’re going to have
something called a pre-sentence
interview. Their council has a right to
be present. And I’m always present when
my clients are questioned by probation.
They’re not asked so much about the
case, but they are asked a significant
amount of detail about their personal
life and their finances. The judge is
going to receive this pre-sentence
report which is drafted based on the
pre-sentence interview at the time of
sentencing. The judge is also going to
receive any written submissions which
are called sentencing memorandum on
behalf of the defense and any
submissions that the government might
provide. Now in every case it is crucial
for a defense attorney to file a
sentencing memorandum. What that
memorandum entails can vary, but the
main focus is and the main goal is we
are providing information based on both
the United States sentencing guidelines
and the United States sentencing code or
what’s commonly known as the 3553A
factors as to what is a reasonable and
appropriate sentence for our client. So
we are first arguing the guidelines. The
guidelines are advisory not mandatory.
The guidelines are based on essentially
a point calculation. You start with a
base offense level depending on the
charge. For example, wire fraud, you
start with a seven. Then depending on
the amount of money that is alleged to
have been lost, the points go up uh from
there. Then you have certain
enhancements such as if there was
obstruction of justice, if the
individual was a leader in a conspiracy
related case and then you also have
reductions as well such as acceptance of
responsibility and cooperation are two
very common ones. At the sentencing
hearing ultimately the judge is first
going to decide and hear argument about
what the guideline range is. he will he
or she will rule on the guidelines and
then we get into what is known as a
variance. That is the 3553A factors.
That is more or less everything about a
person and about the circumstances of
the case that warrant mercy. So we are
relying on those 3553A factors to talk
about the client’s life, their
background, their charitable work, their
family, their mental health, their their
physical health, what they’ve
accomplished in their life to
essentially paint a picture to the judge
that this person might be here because
of what was their worst day or their
biggest mistake, but you have to take
that in the context of their entire
life. So, a judge is going to consider
all of that at sentencing, and
ultimately it’s the judge’s
responsibility to issue a reasonable
sentence.
Boca Raton, FL criminal defense attorney David Tarras talks about how the federal sentencing process works, and what factors can increase or reduce a sentence. He discusses that in a federal court, unlike in state court, there are no traditional plea agreements where a specific sentence is negotiated with the prosecutor. Every federal criminal case that ends in a plea or a trial conviction proceeds to a sentencing hearing. At sentencing, the judge considers three primary factors: the position of the United States Probation Office, the pre-sentence report, and submissions from both the defense and the government.
After a plea deal, defendants undergo a pre-sentence interview conducted by the Probation Office, typically within a few weeks. Defense counsel has the right to attend, and attorneys are present to ensure their clients are treated fairly. During this interview, probation officers focus less on the details of the offense and more on the defendant’s personal history and finances. Based on this interview, the Probation Office prepares a pre-sentence report for the judge’s review.
In addition, both sides may submit written arguments known as sentencing memoranda. For the defense, filing such a memorandum is essential. These documents outline what the defense believes is a reasonable and appropriate sentence under the United States Sentencing Guidelines and the statutory sentencing factors set forth in 18 U.S.C. § 3553(a).
The Sentencing Guidelines provide an advisory—not mandatory—framework, calculated through a point system. Each charge carries a base offense level, which is adjusted upward for aggravating factors such as obstruction of justice or leadership in a conspiracy, and downward for mitigating factors such as acceptance of responsibility or cooperation. At the hearing, the judge first determines the applicable guideline range before considering whether a variance is warranted under the § 3553(a) factors.
These factors allow the defense to present a broader picture of the defendant’s life, including family circumstances, health, charitable work, achievements, and personal history. The goal is to show that while the defendant may be before the court because of a serious mistake, their actions must be viewed in the context of their entire life. Ultimately, the judge weighs all of these elements and bears the responsibility of imposing a fair and reasonable sentence.
