What to Expect at a Drug Crime Sentencing Hearing According to DEA Lawyers
If you have been convicted of a federal drug crime, your next big day in court will be your sentencing hearing. This is when the judge will decide your fate – how much time you’ll spend behind bars, how much you’ll pay in fines, and what other punishments you’ll face. It can be an extremely stressful and emotional day. Here’s an overview of what you can expect, according to lawyers from the Drug Enforcement Administration (DEA).
The Pre-Sentence Investigation
After you are convicted but before your sentencing hearing, a probation officer will conduct a pre-sentence investigation. This involves meeting with you to gather information about your history, characteristics, and role in the offense. The officer will also calculate your sentencing range under the complex federal sentencing guidelines. This sentencing recommendation gets presented to the judge.
Be honest and cooperative with the pre-sentence investigator. This is your first opportunity to show remorse and persuade the court that you deserve leniency. However, be careful not to make statements that could be used against you if you appeal your conviction or face other charges.
The Sentencing Memorandum
Your defense attorney will likely submit a sentencing memorandum to the judge before the hearing. This explains why you should receive a lower sentence under the guidelines and other factors. It may describe mitigating circumstances about the offense or your personal background that warrant less punishment. The prosecution can also submit a sentencing memo arguing for a harsher sentence. The judge will carefully review both memos to prepare for your hearing.
Victim Statements
If your crime directly harmed others, such as through drug trafficking or drug-induced violence, the victims have a right to address the court about how your actions impacted them. This usually happens through written victim impact statements, but victims sometimes give oral statements at the hearing itself. Judges often find victim statements very compelling when determining an appropriate sentence. The statements humanize the harm caused by drug crimes.
Your Statement to the Court
At your sentencing hearing, you will have an opportunity to make a statement to the judge directly. This is your chance to take responsibility for your actions, express genuine remorse, and show that you are ready to change. Many judges appreciate seeing defendants who seem truly sorry for their crimes and want to reform their lives. However, be careful not to make excuses or shift blame. Don’t claim innocence if you pleaded guilty. Your statement needs to demonstrate clear acceptance of responsibility. Also don’t make any comments that could be seen as disrespectful to the court.
You can prepare a written statement in advance but try to speak from the heart. Your sincerity and demeanor can influence the sentence as much as your actual words.
Your Drug Crime Sentence
After hearing from all parties, the judge will impose your sentence. For drug crimes, this usually includes:
- Prison time – The length depends on the severity of your offense, your criminal history, and any mitigating factors. Sentences can range from probation up to life in prison for large-scale traffickers.
- Fines – You will have to pay monetary penalties, which can be tens of thousands of dollars for serious offenses.
- Forfeiture – If you obtained money or property through your criminal activity, the court can order you to surrender those illicit gains.
- Supervised release – After leaving prison, you will likely serve a period of probation-like supervision with restrictions on your activities.
- Restitution – If your crime created expenses for victims, you may have to pay them back for costs like medical bills or counseling.
In some cases, you may be sentenced at the top of the guideline range if the judge feels you have not shown true remorse or pose an ongoing danger. But cooperating with authorities, pleading guilty, and making a sincere statement at your hearing can help you receive a more lenient sentence.
If you feel your sentence is unfair, you can file an appeal. But you have to show that the judge made a clear legal error in applying the sentencing guidelines or weighing the statutory factors. Appeals rarely succeed in getting drug crime sentences reduced.
What Happens After Sentencing?
Once the judge imposes your sentence, you will not walk out of the courtroom. Instead, the U.S. Marshals Service will take you into immediate custody to begin serving your prison term. You’ll be handcuffed and held in a cell or room near the courthouse. Later, you’ll be transferred to a local jail or detention center for processing.
Within about a month, you’ll be transported to the federal prison where you’ll serve your sentence. The Bureau of Prisons considers factors like security level, programming needs, and proximity to family when deciding where to send you. You may not receive your location preference. Most federal inmates serve time at least 500 miles from home. Be prepared for the reality of doing hard time, far away from your loved ones.
How a DEA Lawyer Can Help
Facing a federal drug sentence is scary. But an experienced DEA defense lawyer can guide you through the process and help achieve the most favorable outcome. Here’s how we can help:
- Fully explain the sentencing guidelines and how they apply to your specific case.
- Gather evidence and documents to present mitigating circumstances to the judge.
- Draft persuasive sentencing memos arguing for leniency.
- Prepare you to deliver a compelling statement of remorse before the court.
- Object to any improper victim impact statements or prosecutorial recommendations.
- Argue for sentence reductions and variances under the guidelines.
- Appeal your sentence if the court makes any questionable rulings.
With an aggressive defense focused on mitigation, we can often help clients receive shorter sentences than they expect. This minimizes the damage to your future. Every month less in prison improves your chances of successfully rebuilding your life after release.
Don’t leave your fate in the court’s hands without a fight. With experienced counsel by your side, you can achieve the most favorable outcome from your day of reckoning.
Fighting for Justice
A drug crime conviction turns your life upside down. The sentencing hearing is your last chance to sway the judge before going to prison. It’s a difficult and emotional day. But with the right legal strategy and advocacy, you can potentially get a better sentence than you expect.
Wise defendants take full advantage of their opportunity to speak. A sincere, humble, and compelling statement of remorse can sometimes make all the difference. Admit your mistakes, take responsibility, and pledge to change. This shows the court you are ready to reform and deserve a chance at redemption.
An experienced federal drug crime attorney understands the complex sentencing guidelines and how to craft persuasive arguments for leniency. We know which factors judges find most compelling. Trust us to present your best case and achieve the most favorable outcome possible.
Though you made poor choices in the past, your sentencing hearing represents hope. Hope for justice, compassion and a chance to rebuild your future. With dedication and wisdom, you can emerge from this storm stronger than before.
References
U.S. Sentencing Commission. “2018 Guidelines Manual.” https://www.ussc.gov/guidelines/2018-guidelines-manual. Accessed [date].
Federal Bureau of Prisons. “Inmate Designations.” https://www.bop.gov/inmates/custody_and_care/designations.jsp. Accessed [date].