Sentencing Day - What Lawyers Should Ask The Judge
In essence, a skilled defense lawyer’s role during sentencing transcends merely arguing for leniency; it involves tactical requests that set the stage for a more manageable and humane incarceration experience. These requests can have a profound impact on your life during and after incarceration..
Since the BOP often navigates through loopholes of language, your lawyer must ensure the judge’s orders are watertight. They should insist on definitive terms like ‘will’ and ‘shall’ in the sentencing order. Specificity in language can be the difference between ambiguity and assurance in how your sentence is implemented.
Strategic Requests at Sentencing for Future Benefits
When the gavel is about to fall on Sentencing Day, an astute defense lawyer, akin to a chess grandmaster, should make strategic moves that could substantially benefit you in the long run. Here’s an expanded and spiced-up guide to what they should ask for:
Self-Surrender: The Dignity of Choice
A savvy lawyer will advocate for self-surrender, a crucial request allowing you to avoid the ignominy of being whisked away in handcuffs. Instead of languishing in the limbo of a county jail, you get the dignity of managing your transition on your own terms.
Grace Period for Surrender: Time as a Valuable Asset
Your legal eagle should negotiate for a grace period, typically around two months, before surrender. This time is not just a countdown; it’s a precious window to put your personal and professional affairs in order, from family responsibilities to work commitments.
Geographical Placement: Closer to Heart and Home
A shrewd lawyer knows the emotional and logistical importance of being incarcerated near home. They’ll request a judicial recommendation for designation to a facility that’s geographically convenient, minimizing the strain on you and your loved ones during visitations.
Requesting Medical Care: Prioritizing Health and Wellbeing
If you have existing medical conditions or health concerns, your lawyer must request specific medical care during your incarceration. This ensures that your health needs are adequately met and documented as a priority in your sentencing.
Program Participation: Paving the Way for Rehabilitation
Participation in specific programs, such as the Residential Drug Abuse Program (RDAP), can offer benefits like sentence reduction. Your lawyer should push for a recommendation to these programs, showcasing your commitment to rehabilitation and change.
Post-Incarceration Financial Obligations: Easing the Burden
The financial aftermath of sentencing can be daunting. A good lawyer will argue for you to fulfill any obligations of fines or restitution post-release, allowing you to focus on reintegration without the immediate financial stress.