Because approximately 96 percent of all people charged in federal court are before a judge to be sentence, the most important part is the sentencing. The first thing that happens is a report written by the probation department, one by the attorney’s office, and another by the defense.
In New Jersey, if you agree to what the guidelines are, you can only argue with the guidelines, you can’t step outside of these guidelines. There’s two ways to go about this: one way is way that the defense lawyer argues that it should be low and wants the least amount of punishment. I think that’s a poor way to argue. I want to argue for the lowest possible sentence they can get, and that the court will allow.
The nice thing about the eastern seaboard is that there’s so many laws written. With some proper research you can find some decisions determined by the court of appeals, and you can use these to your advantage. I want to have the most on-point legal memorandum for my client, so when we go into the court for that hearing, I do everything I can with the law and the facts to get my client the best sentence possible.
Contact Manhattan Defense Attorney Paul Petrus for more information on trial preparation and pursuing the best sentence possible for your case.