The Factors That Are Taken Into Account At A Sentencing Hearing

A good defence lawyer will focus on an offender’s attributes, the positive things that the offender has done over the years. They will look for the mitigating factors with respect to the allegation and with respect to the offence. They will look at whether or not that person was cooperative and highlight that to the judge. They will make their pitch for the best possible sentence while maintaining a regard for the facts of the offence and the offender’s background.

At the sentencing hearing, the offender and his lawyer say exactly why they believe the accused should receive a certain sentence. Then the crown stands up and states why they believe the accused should receive a certain sentence. The difficult part for the accused is to be sure not to ask for too lenient a sentence because the judge is more likely to ignore that request and listen more sympathetically to the Crown.

This is often where your lawyer’s reputation is important. I take a lot of pride in the fact that, when I walk into a court room, the judge knows that I am going to be reasonable, not frivolous, in requesting sentencing for my client. Knowing my reputation, the judge is more likely to listen very carefully to what I have to say. So when a client wants his lawyer to request the most lenient sentence, there may be a very good reason why that lawyer may recommend asking for a little more than the minimum. You cannot always get the minimum sentence, and a lawyer with experience and training knows this. He knows what is achievable and what is reasonable.

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If you, or someone you care about, is dealing with criminal law issues in the Ottawa, Ontario Region, contact Engel & Lewandowski Barristers & Solicitors for a consultation.