Contrary to what some people think, it’s the judge, and not the jury, who decides what sentence is to be served should a defendant be found guilty.
Let’s make one thing perfectly clear: judges are smart. Nearly every judge started as a lawyer, and they’ve seen every trick and know when a prosecutor or defense attorney is trying to manipulate them.
But judges need information, and that’s why it’s important that you have the right criminal defense attorney to give the judge everything they need to know so that sentences can be reduced. Here are some of the factors they might take into account when considering the fate of defendants. (Please keep in mind that the judge might not be able to reduce the sentence if the crime is one that requires a mandatory minimum sentence.)
Your Criminal History – If this is your first run-in with the law, the judge might see this as a reason to believe that you won’t re-offend. This could be especially true in non-violent offenses.
Your Mental State – Even if you’ve been found mentally stable to stand trial, the judge might be understanding if you were under considerable stress at the time of the crime. While the idea of “temporary insanity” isn’t a valid defense in most instances, the judge might be more understanding if your circumstances at the time…financial, emotional, familial… could have lead to the crime. Make sure you have a defense attorney who will bring these circumstances to the judge’s attention.
If Anyone Is Put In Danger – If you took money from a bank that didn’t belong to you, you’ve committed a crime. But was the bank robbed in a way that endangered the public, or did you do everything you could to avoid public interaction? Even if the same amount of money was taken in each scenario, the judge could reduce the sentence if you took steps to avoid putting anyone else in danger.
Again, the right criminal law attorney will make sure that the judge has all of the information needed so that these circumstances can be considered. Want the most thorough criminal defense law firm with decades of experience? Call us today.