If you have been arrested for a crime and later found guilty. Whether through a plea deal or conviction after trial, there is still one more hearing you must go through. That is the sentencing hearing where the judge will impose his sentence. Depending on the type of crime, this can range from no penalty to many years in prison.

At the sentencing hearing, the judge will ask the defendant if they have anything to say about their sentence. In that situation, the defendant has the right to say something, or may choose not to say something. In my experience, I find it helpful for the accused to choose to say something. Here are some tips when you think of something to say to the judge.

Apologize for your actions: This is important because the judge wants to know that you are sorry for what you did. I’m not just sorry that you got caught. By apologizing to the judge for your actions, you are showing that you are responsible for your actions and that you are willing to take responsibility.

Explain Your Background: Generally, most attorneys will inform the judge of the defendant’s background, the incident in question. But I think it is helpful that this information comes from the Defendant. If you are convicted of a DUI and suffer from alcoholism, tell the judge. Tell them how you fight this disease and that you are doing everything you can to control it.

Discuss the positives of this experience – Obviously, being arrested and convicted of a crime doesn’t have many positives. But if you can tell the judge what you learned from this and how you won’t make the same mistake twice, this will help a lot. For example, if you are convicted of a DUI and tell the judge, you now recognize how much alcohol may be in your system for you to be affected. Or discuss what you learned in alcohol treatment or in class. These actions will be more powerful than any word you can say. Which brings me to my next point.

Full Sentencing Aspects Before Sentencing: In a typical first offense DUI case, most judges will mandate an evaluation of alcohol and drugs, and alcohol classes. If you can complete these classes even before they are imposed, this will reflect more favorably for you.

You will never do this again – this goes hand in hand with apologizing to the court. But I find that judges are really receptive if a defendant tells them that they will never appear in this court again. Now obviously if you have a criminal record this will not be as effective. But if you’ve never been in trouble before, this will help ensure the judge.

The most important advice I can give is to be honest. If you don’t feel any of the above, don’t pretend. A judge can recognize it and will beat you down.

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