Even after an accused is found guilty, his criminal defense lawyer must competently represent him at his sentencing hearing. In many cases a judge has great discretion at the sentencing hearing of an accused found guilty of a serious felony. In some cases the court has the power to sentence a defendant to decades in prison or can decide to place the accused on probation.
In the case before the court – the case in question – the defendant was found guilty of murder and was sentenced to death. All of the state courts had turned down his appeal. However, after many years the 9th circuit federal court of appeals reversed his death sentence. The court ruled that his lawyer provided inadequate legal representation by failing to properly investigate his clients background to present to the court at his sentencing hearing.
After a jury has returned a guilty verdict, the attorney must become creative and do everything possible to convince the judge to impose a probationary sentence. The prosecution will be asking for a lengthy prison sentence or even the death penalty in some cases. If your lawyer is not prepared with critical information to provide to the judge, your are very likely going to receive a very harsh sentence.
If you would like to discuss your serious case with the criminal defense attorneys of Wallin and Klarich, feel free to call us at (888) 280-6839. We will be there when you call!!!