This is my next article in a series which will address whether a person convicted of a felony in Illinois may receive probation. My last post discussed the requirements of probation, how to protect yourself during the sentence, and the importance of avoiding getting into new trouble. In this article, I will address how sentencing works in felony cases, what factors the Court considers, and why having an experienced attorney is essential to protecting your future. If you or a loved one is in need of assistance then contact my office to speak with a Peoria criminal defense attorney.
Sentencing takes place after a defendant has either pled guilty or been found guilty at trial. This stage is not about deciding guilt. It is about deciding punishment. The Judge must determine what sentence to impose. This could include probation, prison, fines, restitution, or other Court-ordered conditions. The sentencing hearing is where both sides get a final chance to present arguments. The prosecutor may push for a tougher sentence. A defendant’s attorney can ask for a more lenient outcome. This part of the process is formal and carries significant consequences.
The Court will consider a variety of factors during sentencing. Judges are given discretion to make these decisions and they are expected to be fair based on all available information.
Factors the Judge will weigh include:
- The defendant’s prior criminal record (if any)
- Whether the offense involved violence, had victims, and was intentional or reckless
- Acceptance of responsibility and remorse
- Current job
- Family responsibilities
- Efforts to seek treatment or counseling
- Being enrolled in an education program
- Mitigating circumstances such as abuse, poverty, or coercion
An attorney can submit letters from employers, teachers, religious leaders or clergy, or family members to demonstrate that you are making positive contributions and deserve a second chance. A skilled lawyer can make several arguments to help reduce the severity of the sentence.
Some felony offenses carry mandatory prison time. Others are eligible for probation, which allows a person to stay in the community under supervision instead of serving a prison sentence. The Judge does not automatically choose probation just because a crime qualifies for that option. Probation is a privilege and not a right. The Court must believe that the defendant can be trusted to follow the rules and avoid future crimes. Even first-time offenders may be sentenced to prison if the judge believes probation is not appropriate. On the other hand, a person with a record could still receive probation if the circumstances are compelling. Sentencing is not predictable. Each case is different and the final outcome is decided by the Judge after hearing both sides. Sentencing should be taken as seriously as any other part of the case.
This is also why it is so important to have an experienced criminal defense attorney during sentencing. Your lawyer is there to protect your legal rights and advocate for you as a person. A good attorney knows how to emphasize the positives and explain any negatives with mitigating circumstances. They can assist with preparing statements, gathering supporting documents, and putting together a full picture of who you are aside from the charges. A lawyer may be able to negotiate with the prosecutor to get a reduced sentencing recommendation at the hearing. A lawyer can also ask the Judge directly at the sentencing hearing for alternatives to incarceration.
What happens at sentencing can shape your life for years to come. Do not assume that pleading guilty means the hard part is over. A strong defense does not stop when the verdict is in but continues all the way through the last decision the Judge makes. I am a Peoria criminal defense attorney who is able to assist with these matters. Contact my office today to schedule a consultation. I believe every individual deserves quality and aggressive legal representation and will work hard to achieve the best possible outcome. We serve clients in Peoria, Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.