Practical considerations a factor in determining a sentence
Final column in a four-part series on sentence guidelines
Greg Galler
Guest Columnist
The last several columns have described the legal framework for determining sentences in felony cases. However, there are practical considerations that, in many cases, have a greater influence on the outcome of the case.
First, understand that the vast majority of criminal cases are resolved by a plea agreement. This means that the prosecutor and the defendant (usually through their attorney) agree on how the case should be resolved. That agreement includes the terms of the sentence including any time spent in jail or prison.
Many factors are considered before a plea agreement is reached. The prosecutor’s confidence in being able to prove the case is one of the most important factors. Sometimes the prosecutor can’t find a key witness or a witness has changed their story. Sometimes a prosecutor does not want to traumatize a victim by requiring them to testify in court and relive a crime.
Any of these makes it harder for the prosecutor to prove the case. When these things occur the prosecutor is often willing to reduce the charge to something less serious or to recommend a more lenient sentence.
And, of course, charges are dismissed when there is insufficient evidence – sometimes when it is learned that the person charged did not commit the crime.
For cases that proceed forward, every plea agreement must be presented to a judge who decides whether to accept the plea agreement or not. The judge can reject a plea agreement immediately or defer acceptance until more information is obtained about the defendant and the case. Most plea agreements are accepted by the judge.
In felony cases a Pre-Sentence Investigation must be prepared before sentencing. In Washington County, the PSI is prepared by the Department of Community Corrections. A probation officer reviews the criminal file, compiles the defendant’s criminal record, seeks input from the victim, interviews the defendant, and has the defendant complete one or more assessments designed to tailor sentencing conditions to that person.
The final step has the defendant (with their attorney), the prosecutor, and the probation officer all appearing before the judge for the sentencing hearing. All parties will have received the PSI. This insures that everyone has available to them all relevant information about the case. Crime victims have the right to appear and tell the judge about how the crime has affected them.
At the sentencing hearing, the judge can still reject the plea agreement. I have done so on a number of occasions. Normally, the PSI disclosed something about the defendant’s criminal background or facts about the case that convinced me that the proposed sentence was not right. If a plea agreement is rejected, then the case is scheduled for trial. Any admissions made by the defendant in support of the plea agreement cannot be used in other proceedings.
These columns have explained, in nutshell, how sentences are determined. To gain a better understanding, visit the courthouse. Almost all cases are open to the public. It’s your courthouse and your justice system.
— Judge Galler is chambered in Washington County. If you have a general question about the law or courts for Judge Galler, send your question to the editor of this newspaper. Learn more about Judge Galler, or listen to a podcast of his columns at www.judgegreggaller.com.
