Know What to Expect at Sentencing

Whether you enter into a plea agreement or are convicted in a jury trial, sentencing is the most important stage of your criminal case. Your sentencing hearing could work to your benefit or to your detriment depending on how you are presented to the judge. When you hire a criminal defense lawyer, make sure your lawyer is competent in all stages of criminal procedure — including sentencing.

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Our criminal defense attorneys at Kuchler & Cotton Law Offices know how important sentencing hearings are and know how to present clients in the best possible light. Contact us for dedicated representation in Waukesha, and throughout the Milwaukee area.

State Sentencing of Misdemeanor and Felony Convictions

If you have been convicted of a state felony offense, the judge will determine the amount of time you will be incarcerated based on the applicable sentencing guidelines. If you entered into a plea agreement, the judge has the discretion to either accept or reject the agreement. The sentencing hearing allows both the prosecution and the defense to demonstrate why the sentence should be harsh or lenient.

Kuchler & Cotton Law Offices puts significant effort into preparing for sentencing hearings. We prepare our own pre-sentence reports that give the judge a clearer picture of who you really are. This report contains information we collect from family interviews, substance abuse counselors (AODA counselors), database statistics and other resources. Our use of these pre-sentence reports has resulted in reduced sentences and probation for many of our clients.

Federal Sentencing of Felony Convictions

If you are convicted of a federal crime, you are subject to the penalties set forth in the federal sentencing guidelines. However, the United States Supreme Court ruled in Booker that the federal sentencing guidelines are discretionary, not mandatory. Consequently, the judge is generally free to choose a sentence below or above the guidelines depending on the facts of the case and depending on how persuasive the defense attorney's sentencing arguments are.

In addition, if you have been classified as an armed career criminal, you face a mandatory minimum sentence of 15 years. Worse, if you are classified as a career offender, you face a mandatory minimum sentence of 30 years to life. We go to work immediately to challenge these classifications, which frequently involves clearing up previous convictions.

We successfully defended a client who was charged with federal cocaine conspiracy and classified as a career offender. Although he faced a minimum of 20 years in prison, we were able to negotiate a reduced charge. He was sentenced to probation with 6 months of home confinement. View more results.

In the federal sentencing phase, a pre-sentence report is prepared for the judge by the Pre-trial Services Office. Our attorneys want to make certain you are presented as favorably as possible in this report. To that end, our attorneys actively prepare our clients for the meetings with the Pretrial Services officer preparing the report.

Deferred Prosecution Agreements (DPAs)

Deferred prosecution agreements (DPAs) may be available to first time offenders and low level offenders. We have enjoyed tremendous success negotiating DPAs on behalf of clients. Generally, after a probationary period where you submit to chemical testing, undergo requested counseling and refrain from committing other criminal acts, the charges are dismissed or reduced.

Expungements: Clear Your Criminal Record

Wisconsin laws involving expungements has changed to allow more people to get their criminal record cleared. If you were 25 or younger when the crime was committed, you may be eligible for expungement after completion of your probation. In addition, people with misdemeanor convictions may also be eligible. We have had considerable success assisting clients with expungements — particularly in Milwaukee County.

Contact our criminal defense attorneys at Kuchler & Cotton Law Offices today for your free consultation. We can provide the strong defense you need during sentencing hearings and appeals.