What happens at a federal sentencing hearing

Federal criminal defense attorney Joseph Simons talks about the federal sentencing process. After a guilty plea or conviction, the probation department conducts an investigation, called a Presentence Investigation Report and sometimes referred to as a PSR or PSI. Once the report is done, both sides get a chance to draft a sentencing memorandum to argue their position on sentencing.
At the sentencing hearing, the proper guidelines calculation is determined by the judge. Then the assistant united states attorney argues for their proposed sentence. The defense attorney goes next. Finally, the defendant has a chance to allocute. At the end, the judge will announce the sentence.
If you or a loved one is facing criminal charges in federal court, our defense attorneys can help. Calls us at 781-797-0555 or visit us at jbsimonslaw.com.

[@vincedjona4267]

Very strong video thank you

[@winsome879]

spoiler alert! the client always goes to prison for a very long time.

[@Not.Guilty]

Not every time though! We've had clients get sentenced to probation, with no prison time.

[@ericaorama1581]

Can you do a video on the explanation of the “Safety valve”

[@Not.Guilty]

Great idea. Yes, I'll do that one soon.

[@UlisesHeureaux]

Great video. Thank you for this upload. How often do judges depart downward from a recommendation from the prosecutor?

[@Not.Guilty]

Thank you. In my experience, downward departures and variances are fairly common. If you're interested in looking at sentencing statistics, the government publishes detailed data by location and charges (i.e., www.ussc.gov/research/data-reports/geography/2019-federal-sentencing-statistics). If the data is helpful to my client's situation, showing a trend of below-guidelines sentences for similarly situated defendants, I often cite it in my sentencing memorandums.

[@UlisesHeureaux]

@@Not.Guilty thank you!

[@UlisesHeureaux]

@@Not.Guilty An acquaintance of mine is facing a recommendation for 38 months for participating in a cyberstalking and witness tampering scheme. This person is a first-time offender. I hope they don't spend that long in federal prison. I already drafted a character reference letter.

[@Not.Guilty]

@@UlisesHeureaux That's tough. Hope all goes well at your acquaintance's sentencing.

[@UlisesHeureaux]

@@Not.Guilty Thank you. Do you think that it's likely that this person will avoid prison altogether (for example, only get 6 months probation)? Or do you think that they will actually spend time behind bars?

[@leiperfamily7707]

My son wants to be a lawyer, he is 15 , I have no idea what he needs to do after high school any tips on what he needs to do as far as schooling/ college ? Sorry I know it has nothing to do with this video but you look like you really got your stuff together

[@Not.Guilty]

I recommend that he pick an undergrad major that he enjoys. It doesn’t have to be related to law. I know a lot of great attorneys with various undergrad degrees. I have my BS in psychology. And make sure to get good grades and do some law related internships. Best of luck to your son!

[@Andrea-zy9in]

Can you withdraw a guilty plea before sentencing in Federal court?

[@Not.Guilty]

Yes, if you can demonstrate a “fair and just” reason for withdrawal of the plea. Ultimately, it's up to the judge.

[@marquezh7741]

What state are you in?

[@Not.Guilty]

Massachusetts

[@haticekurt7851]

Lp