What to say at sentencing?
Asked by: Dusty Hoeger | Last update: September 11, 2025Score: 4.4/5 (69 votes)
A great speech at sentencing is a brief and sincere-sounding apology to the victims and the court. Remember that Judges can punish a Defendant more harshly for a lack of remorse and failure to accept responsibility.
What to say during sentencing?
Speak about your client accepting responsibility, saving the State and judiciary a trial. Talk about your client's best qualities. Talk about any rough experiences they've gone through, like a shitty childhood. Talk about their plans for the future. Maybe they are in rehab? Maybe they have begun a lawful business?
What does a judge want to hear?
The judge will normally want to hear first from the claimant (the person who started the case, or made the application) then the defendant (the per- son disputing it). Seeing a person give evidence helps the judge de- cide whether that person is telling the truth.
How to convince a judge to reduce a sentence?
- Hire a Criminal Lawyer. An experienced criminal defense attorney can identify potential weaknesses in the prosecution's case. ...
- Present Some Mitigating Evidence. ...
- Cooperate With Law Enforcement. ...
- Strictly Follow Court Orders. ...
- Hire a Seasoned Attorney.
What not to say to a judge in court?
Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”
What to say at an allocution during a federal sentencing hearing
How to impress a judge in court?
Dress professionally and appropriately. It is not necessary to dress like a lawyer, but conservative and “business casual” is a good rule. Do wear tidy clothing and groom yourself neatly. You want to be taken seriously by the judge.
What words should you avoid in court?
The Bad Word List, also known as the anti-reptile word list, includes: always, never, must, required, every, any, safety, priority, prevent, and violate, among others. Each word eliminates judgment and circumstances and can trap witnesses.
How to get a lighter sentence?
- Investigate Your Past to Elicit Sympathy.
- Show Genuine Regret and a Proactive Desire to Improve.
- Plea Bargains.
- Proving Circumstances to Avoid.
- Mitigating Circumstances Surrounding the Offense. There was No Actual Harm Done. The Victim Is Also at Fault.
What to tell a judge before sentencing?
Don't be afraid to acknowledge the conviction. However, do not discuss the details of the offense, defend the act, or make statements of disbelief of guilt. Give your impression of the positive personality attributes of the defendant. If you have a story of behavior that highlights an attribute, include it.
What does rule 35 mean?
Under Rule 35, Correcting or Reducing a Sentence in the Federal Rules of Criminal Procedure says, “(a) Correcting Clear Error. Within 14 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical, or other clear errors. (b) Reducing a Sentence for Substantial Assistance.
What to do before sentencing?
- Steps the criminal defense team can take to prepare for the sentencing hearing. ...
- Take steps toward rehabilitation and document those steps. ...
- Have friends and character witnesses ready. ...
- Seek the prosecutor's and probation officer's input. ...
- Line up social workers and therapists to testify. ...
- Make restitution.
What questions do judges usually ask?
- Can the prosecutor present the charges? ...
- What evidence does the prosecution have against the defendant? ...
- Is the evidence legally obtained and admissible? ...
- Does the evidence establish probable cause? ...
- Does the defense wish to cross-examine the prosecution's witnesses?
What persuades a judge?
Judges expect advocates to present arguments completely and honestly. Completely means knowing the record as well the adversary's con- tentions. Honestly means presenting all information accurately, even if that requires the advocate to concede some points. a trial or appellate judge is to win.
How can I make my sentencing more fair?
- 1) Repeal “Truth-in-Sentencing” and “Three-Strikes” Law. ...
- 2) Repeal Mandatory Minimums. ...
- 3) Use Alternatives to Incarceration. ...
- 4) Prohibit Incarceration for Failure to Appear. ...
- 5) Revise Sentencing Guidelines. ...
- 6) Commit to Cutting Incarceration in Half. ...
- 7) Collect Data.
What is the best thing to say in court?
No matter how upset you are or feel the process is unfair, do NOT discuss the facts of your case in open court. Let your attorney do the talking and only answer “yes, your Honor” or “no, your Honor” when a question is specifically directed at you by the judge.
Who speaks first at sentencing?
Sentencing Hearing
The structure of the hearing is somewhat similar to the trial, with the state addressing the court first. The district attorney will speak directly to the judge, pointing out evidence from the trial and sentencing report to argue for a sentence the state deems appropriate.
What do judges want to hear?
At the end of the day, a judge wants to hear three things: accountability, responsibility, and remorse. They also want to hear your reasoning. Why did you commit the crime in the first place?
How do you ask a judge for leniency?
Provide Reasons for Leniency
The core of your letter should explain why you believe the judge should show leniency towards the defendant. Highlight the defendant's positive traits and contributions, such as: Their role in caring for and providing for their family. Good character traits or values they possess.
What are 3 important factors a judge will consider before sentencing?
- Case law and statutes. The first thing a judge must consider is the law. ...
- History of offenses. Prior criminal records will be considered by the judge when determining your sentence. ...
- Compliance. ...
- Severity. ...
- Risk to the community.
Can a jail sentence be reduced?
There are different ways to reduce your long sentence after you are convicted. This includes using sentence credit discounts, petitions for sentence modification, and compassionate release. Sentence reduction credits or jail credits take time off your sentence.
Can you get a lawyer after sentencing?
After a guilty conviction and sentencing, some people do not realize they still have options. With the legal assistance of a post-conviction attorney, a judge may be able to overturn your case.
Do you get less time for pleading guilty?
In order to encourage defendants to plead guilty, they will be given reduced sentences in exchange for doing so. When defendants take plea bargains instead of going to court, it saves the court and district attorneys a lot of effort and uncertainty.
What can't you say to a judge?
Do Not Exaggerate, Mislead, or State Anything Untrue. It goes without saying that you should never lie to a judge (that is perjury), but you should also avoid exaggerating the facts or misleading the court about any issue. Most judges can sense when a witness is stretching the truth, and they do not appreciate it.
Can you say you don't remember in court?
Do not give attorneys answers you think they want. If you do not remember, say you don't remember – not that you do not know. Do not guess if you are not sure, unless you are instructed to give an estimate. If you make mistakes in answering, correct yourself as soon as you realize your mistake.
What should you never do in court?
To help your chances of winning your court case, don't show up late, don't dress inappropriately, don't lie and don't interrupt others.