Being a criminal defense attorney requires you to use many types of advocacy. You have preliminary hearings , motion hearings , jury trials ,and sentencing hearings. Each area requires different skills of persuasion. Today , I want to discuss one aspect of sentencing hearings.
Sometimes your client is found guilty after trial or agrees to a sentencing hearing for the judge to decide the sentence. A sentencing hearing is basically a mini-trial where the judge decides the manner of service meaning should your client get jail, probation , or some other sentence. The court also decides the length of service . The topic today is whether your client takes the stand.
The attorney and the client must make the decision on whether to testify. Bear in mind a old post on the two most important words your client must say at a sentencing hearing. You client has three choices:
- Say nothing.
- Testify and be subject to cross examination.
- Make an allocution .
If your client says nothing , the court can’t hear him say I am sorry and show he is remorseful. If he testifies , the client opens himself up from the rants of the prosecutor that are often rambling and borders on abuse. then, the judge may have some questions.
My suggestion is the allocution. A allocution is simply a statement made to by the client to the court. No help from the defense attorney. No cross examination by the prosecutor. It needs to express remorse if there is someone hurt .It needs to deal with the issues that the court may have concerns about such as alcohol and drug use. remember it is your story to tell on why the court should not send you to jail.