Ever wonder why some sentences are longer than others? Have you or one of your “peeps” (peoples) been sent to the big house for an extended stay, while others seem to breeze in and out with more major convictions? Wonder why or do you know?
The sentencing process, when one is before a judge and pleading for mercy, does not begin with a well suited lawyer, it begins with a well prepared lawyer. When was the last time any lawyer you know wrote a sentencing memorandum? I’ll wager never, unless I’m your lawyer.
Sentencing memorandums are the Holy Grail to a lighter sentence. Why you ask? Why indeed! The answer is that judges hate them because it means that an appeal is next, and to avoid an appeal most judges will sentence on the low end of the guidelines and leave for another defendant that old thrown away key sentence. Lawyers know this but don’t do it because it takes up time, time they need for golf or relaxation. So here’s what you do: If you are interviewing a lawyer for a criminal case ask her/him to include the promise of a sentencing memorandum in the retainer agreement. It can make a big difference when the pedal meets the medal and it’s time for a reservation in a State residence. Know now and you’ll do better. And, knowing more means buying my app on the Apple Store for you iPad and iPhone: CRIMINAL LAW 101 by Ralph Behr. As of July 2011 after only seven months there were over 1000 copies downloaded and only one buyer asked for their money back…..and he was from England!