How does one go about writing a defendant's allocution at sentencing, if one is innocent- and wants to preserve the innocence for later appeal, and also desires to obtain a reasonable sentence from the judge? In this case we are asking for concurrent sentences in one state, rather than consecutive in two states. Please offer any advice! Thanks

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Originally Posted by rrosebudd

How does one go about writing a defendant's allocution at sentencing, if one is innocent- and wants to preserve the innocence for later appeal, and also desires to obtain a reasonable sentence from the judge? In this case we are asking for concurrent sentences in one state, rather than consecutive in two states. Please offer any advice! thanks

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Hello r:

It's hard to be contrite when you're innocent, and judges LOVE contrite defendants. You obtain a reasonable sentence by offering mitigating evidence to what the prosecutor is going to offer. Your judge can't control what another state judge might do. He can only sentence the defendant in the current case.

excon

Something doesn't make sense here. The term allocution is only used in American courts to refer to a defendant's admission of guilt as part of a plea bargain. So if you were convicted of a crime then there should be no need for an allocution.

If you are looking to make a plea for a lighter sentence at a sentencing hearing, then you need to make a statement of why you deserve a lighter sentence.

"You obtain a reasonable sentence by offering mitigating evidence to what the prosecutor is going to offer."

Could you explain this a little more...

Continued:
10 yrs ago. Then he panicked and fled. Caught years later, more charges. Now the original trial judge is the sentencing judge. We are afraid that the judge will want to punish him. Is there anything we the family, or he the convicted can s

CONT or he the convicted can say at this point that could lighten the blow? Keeping in mind that he is going to appeal later on.

Hello again, r:

There's two parts to a trial. The first part deals with guilt or innocence. Nobody cares how wonderful the defendant is during the first part. In fact, evidence of that sort is precluded.

But, once a person is found guilty, if he is, the second part starts. This is the part where they'd LIKE him to be contrite and make a statement. I'm assuming that's what you mean by allocuting, but he doesn't have to make ANY statement at all during sentencing... The prosecutor will, though. He's going to make the defendant look like a real monster. He's going to put on the victim and his family, for sure.

The defendant COULD mitigate that by witnesses who'll speak on HIS behalf. He can get character letters sent to the judge. If the defendant wishes to speak, he can also tell the judge how wonderful a fellow he is. That ISN'T a place to reassert his innocence, though. He's been FOUND guilty, and the judge BELIEVES it. Professing it HERE will only antagonize the judge.

That is what mitigation is.

excon

PS> If the Pre-Sentence Report hasn't been written yet, make sure the defendant doesn't admit anything there either.