Prepare, Prepare, Prepare!
What happens between conviction and sentencing is very, very important and should be carefully handled with both factual and legal arguments and written presentations by an experienced federal practitioner.
Many people change lawyers before Sentencing after a verdict goes against them for a variety of reasons, including, importantly, a fresh look and a fresh approach to your case.
Get the daily transcript of your trial now rather than later.
File Post Trial Motions such as Motion for a New Trial and Renewed Motion for Judgment of Acquittal.
Prepare, prepare, prepare for sentencing– perhaps the most important day of your life.
You may be remanded to custody immediately. Whether incarcerated or not, within days after an adverse jury verdict. During that time the Probation office will prepare a presentence investigation report. It cannot be stressed enough how important this document is. The probation officer is an employee of the Court system and consults with the government and your counsel as well as conducting independent investigation in order to arrive at a recommended guideline score. Your own investigation and memorandum of law and fact must be prepared and can be very, very influential on the court. Your Memorandum as well as testimony and argument of your counsel may convince the court to go below the guidelines and impose a shorter sentence. In most State courts, if your first conviction is for a felony you likely will receive such a report as well.
Guideline scores are not ‘written in stone” no matter what you are told. Judges are open to presentation of compelling reasons why your sentence should be more lenient than the guidelines call for. In other words, prepare as hard for sentencing as you did for trial.
Your sentencing package and presentation may determine how much if any time that you spend in jail . Sentencing should not be quickly arrived at using a chart. Even before trial, you should ascertain whether your trial lawyer has prepared such a package and, if not, make it clear that a persuasive package stressing your life history, your accomplishments, letters from your supporters, and how important you are to your family and community are prepared in the event of a conviction. This presentation must also contain creative alternatives to incarceration, e.g., for instance, probation, monitored probation, house arrest, a short period of incarceration followed by probation, a short term of shock incarceration.
Your counsel–either trial counsel or new appellate counsel–should be thoroughly familiar with sentencing guidelines; how they are applied; and what exceptions could be favorable to you .
WITNESSES AT SENTENCING
Sentencing day is your day. It is your time to let the judge know who you are and why you deserve an individualized sentence which serves both the ends of justice and the particular circumstances of your case and minimizes the pain inflicted on your family. You may and should present witnesses. Don’t fall into the trap of thinking that a “letter” is sufficient. Real people who can describe you from their own perspectives, are persuasive–the judge will listen and perhaps change both his opinion of you and the sentence which he preliminarily thought appropriate.
The rules of evidence are somewhat relaxed which cuts both ways–the Government can bring in things not introducible at trial, and you can also. You need a full analysis of these existing facts and opinions.
NOTICE OF APPEAL
Notice of Appeal must be filed within 10 days’ time in federal court, state court timeframes vary. Florida is 30 days. This is merely one sheet of paper from your counsel invoking the jurisdiction of the appellate court. However, if it is not timely filed, you likely will lose your chance to appeal. Various designations of the Record and Ordering of transcripts required to be filed in a timely fashion.
APPELLATE COUNSEL
If you have not retained appellate counsel to assist and perhaps conduct the sentencing, you must do so now. Please consider calling Kate–a member of the Bars of nearly all United States Courts of Appeals and who has argued before the United States Supreme Court.
You need a fresh look and a second opinion. You should not wait until you have only ten days to file your Notice of Appeal. As soon as the jury returns an adverse verdict, call Kate.