Criminal Sentencing in Weld County, Colorado | How Does Sentencing Work? And Why Having an Attorney is Important

After a defendant has either pleaded guilty or they have been found guilty, they go through with Sentencing in Weld County. Having an experienced criminal defense attorney to get the best Sentence is very important to how a case may end. Your Criminal Defense lawyer will have many creative LEGAL ideas to offer the judge and District Attorney.  These ideas will result in probation vs. prison, less time in jail, or less restitution.    Without a defense attorney, the District Attorney will fight successfully for the harshest punishment against a defendant, up playing the suffering of the "victim" because it proves them to be a "strong" and "aggressive" prosecutor. Judges ultimately have the final say in what the sentence is, but the punishment they dole out is often based on how it will affect their reputation and retention. Hiring a trusted Weld County Defense lawyer can protect you from these self-motivated actions on your Sentencing.

Sentencing Options and Choices by Judges in Greeley / Weld County Courts

Criminal cases are full of sentencing options, many of which are dependent on Colorado law.  Judges cannot do whatever they want, they are limited on minimum and maximum ranges.  Here are some sentencing options which your attorney can persuade a DA and judge to accept:

• A deferred judgment and sentence
• A split plea sentence
• A plea which is ultimately sealable
• A drug plea which might convert to a misdemeanor from a felony
• Probation sentence
• Work release sentence
• Weekend only jail sentence “weekender”
• Straight jail sentence
• Community Corrections sentence
• Department of Corrections Sentence

How Weld and Logan County Judges Decide Sentences for Criminal Cases

Weld and Logan County Judges make the tough call of deciding punishments and Sentences for those who have plead guilty and those who have been found guilty in criminal cases. Generally, judges want to maintain a balance of being harsh on crime, but not being overly harsh. They want to keep the public opinion of them high, so they can retain their seat. If they're too "soft" on crime or too "hard" on crime, the public won't like it, and their career as a judge may be short lived. When it comes to deciding a Sentence, it is very common for judges to seek out the opinions of other relevant people to share responsibility or blame: other judges, DAs, probation officers, treatment professionals, etc. They try to stick within a happy medium between all these opinions when deciding someone's sentence.

Morgan County Probation Officers at Sentencing: PSI / PSIR

Before Sentencing actually takes place in Morgan County, a judge requests a Pre-Sentence Investigation Report, or a PSI / PSIR. This report is created by a Probation Officer after they interview the defendant. They ask questions pertaining to:

• Substance and alcohol abuse evaluations
• Criminal history
• Mental health evaluations
• Any test results in areas of concern
• Statements about what occurred in the case

Also, they will include police reports, law on possible sentence ranges, any limitations on the sentence by plea agreement or law, and their own personal feelings on what should occur at sentencing. These reports generally conclude with the probation officer's recommendation for sentencing.

Calling on Greeley Experts for Sentencing: Help for the Judge

In addition to calling for the PSI, Greeley judges will also call on the help of experts in their field to make an informed decision. Depending of the facts of the case, a judge might want to call on the help of others when they make a Sentencing Decision. They might call upon:

• Counselors
• Therapists
• Psychologists
• Psychiatrists
• Medical Doctors
• Other Professionals

Judges will use these experts to solidify information either for or against the defendant. Some experts are supportive of the victim's side, discussing the mental and / or physical impact the crime had on them.  Some experts are supportive of the defendant, discussing the regret the defendant feels and how they may be making progress in recovery or treatment. These are important matters that the judge also has to weigh when sentencing.

Everyone Involved in Sentencing Before the Weld County Judge: The DA, The Victim, and The Defense

During the final portion of the Weld County criminal case, the Sentencing, the District Attorney, the victim(s) and their families, and the Defense Attorney are all able to make a last statement regarding the defendant to the judge.

The Weld County District Attorney at Sentencing

When at the Sentencing hearing, the District Attorney, or the Prosecutor, is able to make statements against the defendant. These statements contain how the DA feels the defendant should be sentenced, as well as all the negative information they can present. Typically, they will argue for a harsh punishment and restitution for the victim.

Victims and Their Family at Sentencing

Additionally, the victims and their families are presented the opportunity to make statements regarding Sentencing. It is typical for victims to be overly dramatic regarding the situation. We have seen many "victims" provide tearful statements about the "pain" that they've endured because of the defendant. We have also seen victims that are solely focused on getting revenge against our clients for a simple mistake. Sometimes, victims can be reasonable, but it seldom occurs. The family members are also able to make statements on the victim's behalf. However when this happens, their statements focus around the defendant receiving a harsh punishment unfitting of the crime.

The Criminal Defense Attorney at Sentencing

Finally, the Defense Attorney is also able to make a statement. They will ask the judge for a lessened sentence based on the law, the repentant actions of the defendant since the crime, and the weight of what really occurred. Witnesses, experts, and those who can attest positively to the defendant's character and rehabilitation will be brought in to assist in the defense. A criminal defense attorney has to be strategic with what they present and how. They must craft points that show the defendant positively, and that counter the DA's negative points well.

Another big thing the Defense will have prepared is the defendant themselves. The defense attorney will advise a defendant how to speak to a judge, what to say, to be genuine about what they say, to take responsibility for what happened, and what not to say (victim blaming). Most people, judges included, have more respect for a person when they admit they made a mistake, than if that person passes blame to the victim or someone else. It also can help in receiving a lower sentence.

The defendant also gets the opportunity to explain to the judge why they should not be sent to jail or prison. Some reasons we have seen defendants provide are: they have to take care of a disabled relative, people are counting on them to help support the family, and others.

The Boulder and Greeley Judge's Sentencing Options

Once the Judge in Boulder has heard everything, they have two Sentencing options to choose from. They can either sentence someone to incarceration, or they can sentence them to probation. When a defendant is sentenced to probation, the judge can attach any "reasonably related" condition to it. The goal of this is rehabilitation for the defendant so they do not commit other offenses in the future. Some of the sentence conditions judges can require are:

• Drug Treatment
• Alcohol Treatment
• Mental Health Treatment or Hospitalization
• Therapy
• Medicine
• Employment
• Community Service
• Restitution
• Classes on Victim Empathy
• GPS Monitoring
• Protection / Restraining Orders
• Seeing a Probation Officer
• Paying Court costs and fines
• Jail as a condition of probation
  • Up to 60 days for a misdemeanor
  • Up to 90 days for a felony or 2 years work release

However, if jail / prison time is required for the crime sentence, a judge only has a few options. When someone commits a misdemeanor, they are sent to the Boulder County Jail. When they commit a felony, they are sent to the Colorado Department of Corrections. Sometimes a judge can sentence someone to Community Corrections.  If those crimes are considered sex offenses, the defendant may face indeterminate sentencing. This is when there is no set time for the defendant to be released, meaning they could spend the rest of their life in prison.

Having an Experienced Greeley Criminal Defense Lawyer at Your Sentence is Necessity

You should never attend a Sentence hearing alone, you should always hire an experienced Greeley criminal defense lawyer to help defend you from the severe punishments of the DAs and judges. Having a criminal defense lawyer at your side during Sentencing means that someone who knows the legal rules, how the system functions, and the best arguments to employ to receive a lesser sentence. The DA and the judge do not ultimately care about you like we do.