How Does a Judge Determine Your Sentence?

Legal rules govern sentences.

In federal court, guidelines largely determine sentences. But in state court, judges have almost absolute say in these matters, as long as they do not abuse their discretion. Such abuse is grounds for appeal and overturning of the sentence. An abuse of discretion is an arbitrary or unreasonable decision which leads to an unfair or improper outcome. Both elements must be proved on appeal. So, as long as judges mostly color inside the lines, the three kinds of judge-determined sentences are usually safe on appeal.

A judge’s job is to pass sentence in accordance with the law. The job of a Ft. Worth criminal defense lawyer is to thoroughly investigate the matter, analyze its legal implications, determine a course of action, consider the client’s input, and zealously advocate for the defendant, both in court and during pretrial settlement negotiations. This simple and straightforward approach usually produces the best possible results under the circumstances.

Evidence Presented

In a bench trial, the judge is a factfinder and a legal referee. The judge decides what evidence is admissible and, based on that evidence, whether the defendant is guilty or not guilty.

Guilt, or the lack thereof, is not a moral judgment. Instead, “guilty,” in criminal court, basically means “proved beyond a reasonable doubt.” This standard of proof is the highest one in Texas law. Texas’ definition of this term is not very useful. Basically, beyond a reasonable doubt is evidence that excludes all other logical alternatives.

Some people may remember Casey Anthony. In 2011, she stood trial for allegedly killing her 2-year-old daughter. Her lawyer theorized to the jury that the girl accidentally fell into a swimming pool and panicked family members hid her body. The lawyer’s reasonable alternative theory may have been the primary factor in a subsequent not guilty verdict.

Jury’s Recommendation

The jury’s recommendation for sentencing, after it finds a defendant guilty, is not binding on the court. But judges rarely depart from it and often face harsh consequences if they do.

Let’s go further back in time to 1991. A 15-year-old black girl and a 49-year-old Korean convenience store clerk got into a fight over a bottle of orange juice. The shop owner accused her of stealing it; the girl said she planned to pay for it. As the girl was walking out of the store, the clerk shot her in the back of the head at point blank range, killing her instantly.

At trial, the jury sentenced the clerk to ten years. The judge set aside that sentence and placed the clerk on probation. At the time, the judge said “Did Mrs. Du react inappropriately? Absolutely. But was that reaction understandable? I think that it was.”

Observers believe community anger over the aftermath of the killing of Latasha Harlins significantly contributed to the brutal 1992 Los Angeles race riots.

Prosecutor’s Recommendation

Plea bargains resolve over 95% of criminal cases. After settlement negotiations, the prosecutor and the defendant’s Ft. Worth criminal defense lawyer agree on a sentence and present that agreement to the judge.

Theoretically, the judge may reject the plea bargain agreement. We have only seen that happen once in all our years of criminal defense. Some jurisdictions allow open pleas. When defendants literally throw themselves on the mercy of the court, the judges may pass any sentence that seems reasonable to them. Open pleas are almost as rare as plea bargain rejections.

Work With a Tough-Minded Tarrant County Attorney

Judges determine sentences in several ways. For a confidential consultation with an experienced criminal law attorney in Ft. Worth, contact the Law Office of Kyle Whitaker. Convenient payment plans are available.