In the United States an individual can be charged with a state crime, a federal crime, or both. The federal criminal justice system operates in much the same way as the individual state criminal justice systems; however, there are some noticeable differences. For example, the federal system tends to be much more formal than many state systems. One aspect of the federal system that is not found in all state systems is the use of sentencing guidelines. If you have been charged with a federal … [Read more...]
Judicial Discretion in Sentencing
Judges May Impose a Lighter or Harsher Sentence Than Agreed Upon in Plea Agreement Picture this common scenario: The defendant and his Boston criminal defense attorney have hammered out a deal with the prosecution. The defendant has agreed to plead guilty and to accept the prosecutor’s sentence recommendation. All parties appear before the judge to enter the plea. What happens next? The judge will hold a hearing to determine whether (a) there is a factual basis for the charges against the … [Read more...]
Must a Judge Impose the Sentence Required by the Federal Sentencing Guidelines?
How Much Discretion Does a Federal Judge Have Under the Federal Sentencing Guidelines? As experienced Boston criminal defense lawyers know, the law governing sentencing in Federal criminal cases has changed significantly over the past 25+ years. When the Congress mandated Federal judges follow the Federal Sentencing Guidelines it deprived them of sentencing discretion that they had previously enjoyed. Here is a brief overview of how the Federal sentencing judge’s role has changed over the … [Read more...]
