Agreed Sentence Factors
I often hear my clients tell me that someone else got a certain sentence for a similar offense and whether they could also get the same sentence. My usual response is that no two cases and defendants are exactly alike and so the sentences would not necessarily be exactly alike. There are a number of official sentencing guidelines that courts follow, especially those set forth in Ohio Revised Code 2929.11 and 2929.12. This article is not going to focus on those factors, but rather, just agreed sentence factors.
Some Courts Do Not Allow Agreed Sentences
First, some prosecutors and court will not agree to a sentence. In these instances, the plea bargain is focused on dismissing offenses or reducing offenses. An experienced criminal defense attorney familiar with that court will be able to estimate the usual range of sentences the court would likely hand out in that situation. However, this scenario can also result in a sentence much less or much greater than expected. The first instance is a pleasant surprise. The second is not so pleasant.
Agreed Sentence Factors Apply In Some Courts
Some courts and prosecutors will allow agreed sentences. Even in these cases, the court still reserves the right to change their mind, but they rarely do so. The focus in this situation is what will convince a prosecutor to agree to a more advantageous sentence? There are some situations where the prosecutor may not agree to a lighter sentence. These include where a minimum statutory sentence is required, a victim opposes a light sentence, or the police, prosecutor or judge have already decided against doing so. Factors that can influence a prosecutor include: the strengths and weaknesses of their case, payment of restitution, the skill of the criminal defense attorney, addressing a mental health or substance abuse problem that likely contributed to the offense, positive contributions to the community by the defendant, and showing that the facts of the case are not as bad as they may seem. A skilled criminal defense lawyer knows how to best present these factors to the prosecutor for the benefit of his client.
Other Articles By Attorney Daniel Gigiano
Read my other articles on criminal sentencing in Ohio: Ohio juvenile gets adult sentence; maximum sentences reduced for many crimes in Ohio; how to tell a misdemeanor from a felony in Ohio; Ohio court strikes down automatic lifetime sex offender registration for juveniles; facing the music in other states; and getting credit for time served in Ohio. My record of success speaks for itself. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section. My hard work and results are reflected in the positive reviews from my clients: Daniel Gigiano reviews; Daniel Gigiano ratings; and Daniel Gigiano work.
Attorney Daniel Gigiano. Experienced. Aggressive. Knowledgeable.
If you have questions about this or other questions you need answered by a criminal defense lawyer, please call Attorney Daniel Gigiano at 330-336-3330. Attorney Gigiano’s practice is located in Medina County, Ohio.