Legal Question in Criminal Law in Mississippi

sentencing in criminal cases

what is the benefit in asking that sentencing on a conviction be delayed for a month?


Asked on 2/04/09, 12:29 pm

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney

Re: sentencing in criminal cases

THERE ARE SEVERAL BENEFITS AS I SEE IT. FIRST, THE JUDGE HAS JUST HEARD ALL OF THE NITTY GRITTY DETAILS OF THE CRIME THE DEFENDANT COMMITTED AND THEN HE HEARD THE CHARGE TO WHICH THE DEFENDANT ACTUALLY ENTERED THE PLEA. USUALLY THERE ARE "UNINDICTED ACTS" WHICH ARE RELATED TO THE COURT IN THE PROCESS OF EXPLAINING WHY THE DEFENDANT WAS CHARGED WITH THE SPECIFIC CHARGE(S) IN THE INDICTMENT. THE COURT HAS A PERIOD IN WHICH IT "FORGETS" SOME OF THE UNCHARGED ACTS PRIOR TO SENTENCING THUS THERE IS A CHANCE THE DEFENDANT DOES NOT RECEIVE AS HARSH OF A SENTENCE. SECOND, THE DEFENDANT HAS A PERIOD IN WHICH IT CAN CONCENTRATE SOLELY ON CHARACTER REFERENCES AND BUILDING A REPUTATION OF "GOOD" ACTIONS IN THE PAST WITH THE COURT. PRIOR TO SENTENCING IT IS NOT UNCOMMON FOR THE DEFENDANT TO CONCENTRATE ON PLEA NEGOTIATIONS AND ON THE POSSIBILITY OF DEFENDING THE CHARGE IN A TRIAL ON THE MERITS, BUT AFTER ENTRY OF THE PLEA THE DEFENDANT AND HIS/HER COUNSEL MAY CONCENTRATE ON PRODUCING EVIDENCE OF GOOD CHARACTER IN AN ATTEMPT TO MITIGATE THE SEVERITY OF THE SENTENCE. FINALLY, THE STATE HAS A CHANCE TO PERFORM A MORE COMPLETE AND UP TO DATE BACKGROUND CHECK ON THE DEFENDANT TO ASCERTAIN IF THE DEFENDANT WAS CHARGED WITH ANY CRIMES DURING THE PERIOD THE DEFENDANT HAD BEEN CHARGED WITH THE CRIME AT BAR. IN THAT REGARD THE COURT WILL BE ABLE TO ASCERTAIN WHETHER OR NOT THERE ARE OTHER FELONY CHARGES PENDING IN OTHER JURISDICTIONS OR IF THERE ARE OTHER MISDEMEANOR CHARGES WHICH HAVE BEEN DISPOSED OF PRIOR TO THE DATE OF ENTRY OF THE PLEA IN THIS COURT.

Read more
Answered on 2/04/09, 11:22 pm


Related Questions & Answers

More Criminal Law questions and answers in Mississippi