assertions and escaping conviction altogether. That should certainly be your first step, especially given that there may be compelling criminal defense arguments available to you that could sink the prosecution’s case. But even if you’re convicted, whether through accepting a plea deal or losing at trial, you must continue utilizing defense arguments to protect your interests. This is especially true as you head into your sentencing hearing.
If you lose at trial or accept a plea deal that’s open to sentencing, then you’ll head back to court for the judge to decide what your punishment should be. Both you and the prosecution can present arguments here, which gives you an opportunity to show mitigating factors that warrant a lighter sentence. But what, exactly, can and should you argue at a sentencing hearing?
Key evidence to present at your sentencing hearing
We know that it’s easy to go into a sentencing hearing with a defeatist attitude. But you need to stand strong and present aggressive arguments that seek to minimize the punishment to which you’ll be subjected. Here are some key areas you should focus on in your sentencing hearing:
- Evidence of independent rehabilitation: If you can show the court that you’ve taken steps on your own to correct the issue at hand, then the judge may be less inclined to hit you with the harshest penalties under the law. After all, the whole point of the criminal justice system is to rehabilitate individuals so that they don’t commit crimes in the future. If you can show concrete evidence that you’ve started rehabilitating yourself, such as by showing that you’ve participated in or completed a substance abuse treatment program, then there’s arguably less need for court intervention.
- Evidence of strong character: A simple, one-time mistake can lead to criminal charges and a conviction. That doesn’t make you a bad person. By having strong character witnesses testify on your behalf, you might be able to convince the judge that you’re a good person who made a mistake and has learned from it.
- Evidence of contributing history: To a certain extent, we’re products of our environment. If you were abused as a child, suffer from mental health or physical issues that contributed to the offense or are indigent and committed a crime simply to try to get by, then you may garner sympathy from the judge. This could lead to a lighter sentence.
- Attempts to make good on restitution: If the crime you’re convicted of committing caused harm to others, then it’s a good idea to do what you can to try to make them whole again. Demonstrating to the court that you’ve made these efforts on your own can again show that you don’t need the court to harshly punish you to force you to learn your lesson or to remedy the damage you’ve caused.
Aggressively protect your interests throughout your criminal case
There’s a lot that can wrong in a criminal case, putting your freedom and your future at risk every step of the way. Fortunately, you might be able to craft strong legal arguments that protect your interests and minimize the harm caused through conviction and sentencing, if your case even gets that far. So, if you want to learn more about the best ways to shield yourself from the prosecution’s efforts to slap you with the harshest penalties, then now is the time to research the law, your criminal defense options and what sort of help that’s available to assist you in protecting your interests.
