Are Sentencing Guidelines Mandatory?
Sentencing guidelines are not mandatory. They are advisory. But your sentence might still include a mandatory minimum.
Category: Sentencing
Explainer: What Happened To The EQUAL Act?
The EQUAL Act was bipartisan legislation with widespread public support. Now it's stuck in the Senate. Why?
When Do Courts Impose The Death Penalty?
In 27 states and the federal system, the death penalty is still used as punishment for crimes in capital cases.
Will A Court Always Accept A Plea Deal?
While plea deals are very common, a court does not have to accept a plea deal. If a judge refuses to accept a deal, the case moves forward.
Explainer: The Case for Community Service Sentences
Community service sentences are an alternative to incarceration that benefits the defendant and the community.
What are Prior Record Variables?
Some states like Michigan base their sentences on prior record variables. Make sure your PRV score is correct at sentencing.
What is an Offense Variable?
Some states like Michigan base their sentences on offense variables. It's crucial that you make sure your OV score is correct at sentencing.
How Do You File A Motion For Resentencing?
There are situations in which you can file a motion for resentencing, but those situations are limited in criminal cases.
What Are Sentencing Guidelines?
Whether you're in state court or federal court, the sentencing guidelines will play a role in your sentence no matter what.
What is a Presentence Investigation Report (“PSIR”)?
The Presentence Investigation Report has a huge impact during sentencing, but its impact extends far beyond that.