Common questions: What is going to happen to me? What will my sentence be?

MahanAtma

Bluelighter
Joined
Nov 20, 2005
Messages
461
A very common question from people who've been arrested goes something like this:

"I (or my friend) got busted for Crime X. What's going to happen to me now? Will I get convicted? Can I get a deal for Crime Y? Am I looking at time? If so how much?"

For the most part, nobody here can answer that question. Clients ask us this question all the time. Even the most experienced attorneys in my firm won't answer it, because in most cases, nobody can predict the answer.

Some defense attorneys are very good at getting deals for their clients. Some prosecutors are real assholes, and will hugely over-charge cases without making a decent offer. Judges cut both ways too. I've had some clients get busted with stuff for which you'd think they'd get 20 years; yet they were never even charged.

To make things worse, most of the people who ask this question don't supply all the relevant facts: Where are you, is it state or federal, what is your record, etc. etc.

It is somewhat easier to predict if you know exactly what you're going to be convicted of, e.g. if you're looking at a plea deal for Crime X. Then, if you know the jurisdiction, yor record, and a few other things, a good attorney can generally give a range of possible sentences. However, it depends on a lot of different factors, and if you are this far along, you should have an attorney who can answer this question better than anyone here.

So while it isn't very satisfying, and it really sucks being up in the air about something that important, please understand that nobody here can answer your question. Sorry, but the world of criminal law is just not that predictable.

Now, you will hear a lot of people on this forum speaking from personal experience. "My friend got busted for Crime X, and he got probation; so don't worry about it."

Take this with a HUGE grain of salt. It's like someone saying, "My grandpa smoked two packs a day for fifty years, and he lived to 90." That may be true, but the only thing it tells you is that life is uncertain.
 
Questions about sentencing

Questions about predicting a likely sentence in a given matter is not really an appropriate inquiry for this forum.

Sentencing takes into consideration countless variables such as
1.prior offenses
2.expressed remourse on part of the accused
3.what mood the judge is in on your particular day

Variables that take the combination of a pre-sentence report and the lawyers ability to negotiate with police officers, victim's rights advocates, the prosecutor and the judge.

The entire process is a balancing act that takes years for a skilled lawyer to begin to perfect it.

The best advice anyone can give you on the topic is to hire a good criminal defense that has spent years developing relationships with anyone and everyone that may have an impact on your sentencing.

Have you ever wondered why there are two or more different defendants before the court with the same charges and yet one person may get probation and another ends up in jail?

Spend the money and get a good lawyer.
 
Go to the local law library and search for a good lawyer. Can't afford one, ask for a public defender, quickly. The more you tell them about your involvement in the crime the better they can represent you.
 
Once you know what you are being charged with, it's pretty easy to look up the sentencing guidelines for your jurisdiction. The judge isn't bound by these guidelines, but most judges will stay within them. This is probably the best way to figure out what will happen to you, other than asking a lawyer that is willing to answer the question.
 
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