NCJ Number
136367
Journal
Federal Probation Volume: 55 Issue: 4 Dated: (December 1991) Pages: 38-44
Date Published
1991
Length
7 pages
Annotation
With the implementation of revised bail provisions and Federal sentencing guidelines arising out of the 1984 Comprehensive Crime Control Act, criminal defense practice has undergone significant changes. Perfecting sentencing issues for appeal requires informed treatment from the inception of defense preparation.
Abstract
One of the most critical issues to be addressed by defense counsel under the new release and sentencing schemes is whether the accused is going to cooperate with authorities in prosecuting others, including relatives and close friends. Particularly in drug cases, prospective cooperation must be considered at a very early stage and may necessarily temper the zeal of defense pursuits and tactical considerations. Moreover, because release and sentence concessions may be extended to only a select few in a multidefendant case, defense counsel may feel compelled to beat his or her colleagues into cutting a deal. Thus, overall case evaluation related to pretrial release, prospects for acquittal or reduced charges, applicable sentencing factors, and likelihood of postconviction detention must be weighed at the earliest possible moment. Unless prospects for an acquittal are quite substantial, pretrial detention and the prospective application of sentencing guidelines may propel the defense toward early consideration of a plea disposition. Although defense counsel may urge the deletion of certain aggravating sentencing factors, the prosecutor holds veto authority as to whether such facts will be brought to the court's attention. Further, defense counsel must be cognizant of how trial evidence may impact sentencing factors. Preparation for sentencing proceedings is discussed as well as defendant release pending appeal. 39 footnotes