What to Expect at Your Sentencing Hearing
Hope for the Best, Prepare for the Worst
Facing a sentencing hearing can feel overwhelming. It’s the moment when the judge determines the consequences of your case, and no matter how prepared you are, there’s always an element of unpredictability. While your attorney will have a good idea of what the likely outcome will be, it’s important to remember that unless your plea agreement completely stipulates the sentence—meaning that the judge has no discretion—there is always a range of possible outcomes.
One of the most challenging aspects of sentencing is that unexpected outcomes happen. Even with a thorough understanding of your case, it’s impossible to guarantee exactly what a judge will decide. That’s why it’s essential to prepare for the worst while hoping for the best. Your attorney will guide you through this process, but it’s equally important to ask questions and make sure you understand what might happen. Understanding the range of potential sentences will help you mentally and emotionally brace yourself for whatever the court decides.
If you or a loved one is facing sentencing in Tucson, Arizona, it is critical to have an experienced attorney by your side. Tucson Criminal Defense Attorney Amanda Bynum has the knowledge and dedication to guide you through the sentencing process and advocate for the best possible outcome.
Understanding the Sentencing Hearing
A sentencing hearing is the formal court proceeding where the judge decides the final outcome of your case. Whether you have pled guilty, been found guilty after trial, or negotiated a plea agreement, sentencing is the point where your legal battle reaches its conclusion. It’s essential to know what to expect and how to prepare for it, so you aren’t caught off guard.
The most critical thing to remember is that sentencing hearings are inherently unpredictable unless your attorney has negotiated a 100% stipulated plea. A stipulated plea means that the sentence is agreed upon in advance and the judge has no discretion to deviate from it. However, in many cases, the plea agreement leaves room for argument, meaning the judge can impose a sentence anywhere within the statutory range. This is why it is so important to be prepared for any outcome.
Even if you believe that you have done everything right—completed counseling, maintained sobriety, stayed out of trouble, or worked hard to improve your situation—judges sometimes make decisions that feel unfair or unexpected. Your attorney will likely have prepared you for the most probable outcome, but it’s crucial to be ready for anything.
Preparing Yourself Mentally and Emotionally
The most important thing you can do to prepare for your sentencing hearing is to get clear on the possible outcomes. Ask your attorney about the full range of potential sentences, including the worst-case scenario. If you understand the maximum penalty and mentally prepare for that, anything less will feel more manageable.
Many clients make the mistake of assuming that because they have made positive changes in their lives, the judge will naturally be lenient. While that may be the case, it is not guaranteed. Judges take many factors into account, and sometimes they weigh things differently than expected. Having realistic expectations will help you cope with any disappointment if the sentence is harsher than you hoped.
It’s normal to feel anxious or uncertain leading up to sentencing. Talk openly with your attorney about your fears and concerns. A good attorney will not sugarcoat the situation but will give you an honest assessment of the risks and likely outcomes. Be sure to ask questions like:
What is the worst-case scenario?
What are the most likely outcomes?
How will my personal progress and character development impact sentencing?
Are there any specific factors that the judge might find aggravating or mitigating?
Your attorney is there to help you navigate this difficult time, and understanding the range of possibilities will help you feel more grounded and prepared.
What Happens During the Sentencing Hearing
When you arrive at court for sentencing, it’s important to present yourself respectfully and professionally. Dress appropriately and be prepared to address the court if your attorney advises it. Your sentencing hearing will follow a structured process, but each judge may handle it slightly differently. Typically, the hearing will begin with the judge reviewing the case file and any submitted documents. These may include:
The Presentence Report (PSR): A report prepared by the probation department that includes information about your background, criminal history, and circumstances of the offense. The PSR may also contain the probation officer’s recommendations regarding sentencing. The judge is not required to follow these recommendations but will likely take them into consideration.
Sentencing Memorandum: Your attorney may submit a memorandum advocating for a specific sentence. This document often highlights mitigating factors, evidence of rehabilitation, and arguments for a lenient sentence.
Victim Impact Statements: If the crime involved a victim, they may submit a written statement or speak during the hearing to describe how the offense impacted them.
After reviewing the documents, the prosecutor will usually have the opportunity to speak first. They may argue for a specific sentence, often emphasizing the seriousness of the offense and the impact on the victim or community. Next, your attorney will have the opportunity to advocate for a lesser sentence, presenting arguments and evidence that support your character and rehabilitation.
Finally, you may have the opportunity to speak. This is known as allocution. While you are not required to address the court, doing so can demonstrate your remorse and willingness to change. Your attorney can help you decide whether speaking is in your best interest and guide you on what to say.
The Judge's Decision
Once both sides have spoken and any statements have been made, the judge will announce the sentence. In cases without a stipulated plea, the judge has significant discretion in determining the appropriate punishment. This means that despite your attorney’s best efforts, the final decision may still be surprising.
Judges often explain their reasoning when announcing the sentence, but not always. If the sentence is more severe than expected, it can feel devastating. Take a moment to absorb the decision, and remember that your attorney will guide you through the next steps, including any potential appeals or post-conviction options.
After the Sentencing
Regardless of the outcome, it is important to focus on moving forward. If your sentence includes probation, work closely with your probation officer to comply with all terms. If incarceration is ordered, your attorney will inform you of reporting requirements and how to prepare for that transition.
If the sentence is significantly harsher than anticipated, your attorney may discuss options for appealing the decision. In some cases, new evidence or errors during sentencing may warrant a reconsideration.
Final Thoughts: Stay Informed and Be Prepared
No matter how much your attorney prepares you, sentencing can be unpredictable. By educating yourself on the possible outcomes and mentally preparing for the worst-case scenario, you’ll be better equipped to handle whatever happens. Remember to keep the lines of communication open with your attorney and make sure you understand every aspect of the process.
For professional representation and guidance throughout your case, reach out to Tucson Criminal Defense Attorney Amanda Bynum. With extensive experience handling sentencing hearings and advocating for clients, Amanda Bynum will fight for the best possible outcome in your case. Contact us today to discuss your situation and take the first step toward protecting your future.
