When you're considering your case, the judge is not just a crucial component, but the most crucial one. Their role is paramount because, ultimately, they hold the power to decide the exact punishment, whether the person is convicted or pleads guilty.
That includes how long they will spend in custody and what type of restrictions will be placed on the person. Additionally, even before a plea is entered or a trial is held, the judge will rule on any pre-trial motions. Our federal criminal defense lawyers are providing a review below.
Judge Rules on Motions and Presides Over Trial
So, the judge is crucial, and knowing who that judge is and what their tendencies are is important because you need to have a really good feel for how you're going to handle the case.
Your federal criminal defense attorney, who is well-versed in the judge's past rulings and sentencing patterns, will play a significant role in advising you on how to proceed. They will guide you on the best strategies to use in your defense, based on their knowledge of the judge's tendencies and the specifics of your case. One of the big factors is going to be the judge because, as I said, the judge will rule on any motion that you file, and the judge will be the one who presides over the trial.
Whether you end up convicted or negotiate a plea bargain with the prosecutor, the judge ultimately holds the power to sentence you. This underscores the significant role of the judge in the entire process.
It's interesting in federal cases; this gives you an idea of the power a judge has in a federal criminal case when a person works out a deal with the government, usually through a plea bargain.
Then, the plea bargain is presented to the judge, filed by the government, and the clerk will then contact both parties. The judge's role in this process is to review the plea bargain and ensure that the defendant understands the terms and consequences of the agreement. It will be decided exactly when the defendant will go to court to enter a plea.
What ends up happening is that the judge will ask a series of questions to ensure the person understands what they're pleading guilty to and what they're agreeing to. However, I also notice that almost every single judge asks the defendant, "Has anybody promised you what your sentence will be in this case?"
If the defendant doesn't say, "No, nobody's promised me anything," then there's going to be a problem because the judge is going to say, "Wait a minute. "How can somebody promise you what your sentence is going to be when I'm the one who decides, and I haven't talked to you? "
Unfortunately, many attorneys must inform their clients of certain things, such as, 'You're going to get this much time if you plead guilty.' ' The reality is, the attorney needs to learn that for sure. All the attorney can do is determine the guideline range for the plea the person enters.
So, the attorney will perform simple arithmetic and calculations based on the plea agreement to inform the person, "Okay, you fall within this range."
Judge Has Discretion in Federal Sentencing Guidelines
For instance, if you plead guilty, you may fall within a certain range, but the judge has the discretion to go below or above that range. This discretion, when exercised after consulting the guidelines and considering all the presented information, can significantly impact the final sentence, adding a layer of uncertainty to the process.
There are certain factors that the judge considers, and when they look at a defendant, obviously, they're going to look at a whole host of things. They're going to look at that person's criminal record.
They're going to look at the person's involvement in the crime, their sophistication level, and how many victims there were. If it's a case where money was taken, they're going to look at how much money the alleged victim is out. If it's a drug case, they're going to look at how many drugs were involved. What was the weight, and were there any weapons involved?
So, there are a bunch of different factors that these judges look at, and what I've noticed, especially here in Los Angeles, is that if you look at the bench as a whole, it's almost like anything in life. There are some judges who I would consider quite conservative and tough on crime, tough on sentencing, and obviously, if you had your choice, you probably wouldn't choose that judge.
There are other judges that I would say are more liberal, more reasonable to deal with, and more likely to be fair when it comes to a particular defendant's sentence. Then there are those judges who fall somewhere in the middle. It even gets a little more complicated than that, because I'm sure some judges will be more lenient on certain offenses while being less lenient on others.
So, your federal criminal defense attorney — and I think about this all the time — I've got to figure out what the best arguments are for my client? What makes the most sense is based on the circumstances in which we find ourselves. The need for sensible arguments is crucial, as they can significantly influence the judge's perception of the case.
Obviously, you want to use common-sense arguments that somebody can relate to and say, Okay, that makes sense. I'm going to consider that versus no; that doesn't make sense. Your client did X, Y, and Z, so it seems that your statement really ignores the fact that they committed a very serious crime and is trying to downplay the situation.
Arguments to a Federal Judge That Make Sense
So, you have to be careful what you say because, obviously, federal judges and federal prosecutors are very sophisticated and take their jobs very seriously. So, when you make an argument as a defense attorney, when you make a statement as a defendant, and you're talking to that judge, you want to make sure that you're making an argument that makes sense.
You're making a statement to show remorse and acknowledge the significance of the crime you've committed. In many cases, you also realize the profound impact you've had on certain victims. If the judge feels like you really do not understand what you've done and that you may just do this again, then obviously, they're going to want to punish you to really show you what happens if you do this type of activity again.
On the other hand, if the judge feels that this person truly understands what they did was wrong, understands the implications and impact of it, is unlikely to repeat the offense, has learned from the experience, and has been punished to some degree by being arrested, then they may be eligible for leniency. All the negative consequences that come with a federal criminal offense will likely make them more reasonable with a particular defendant.
Judges play a crucial role in federal criminal cases. I frequently discuss judges with my clients. I give them my insight, having done criminal defense for 26 years, and we try to really come up with a good plan and a good strategy that makes sense depending on which judge we're dealing with, what the charges are, and my client's criminal history and where they stand related to the federal criminal case.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County, at 16000 Ventura Blvd, #1208, Encino, CA 91436. We are also at 633 West Fifth Street, Los Angeles, CA 90071—call (213) 542-0994 for a free case evaluation.
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