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Sentencing Hearings in DC Embezzlement Cases

Facing a conviction for embezzlement could be an overwhelming and frightening experience. The specific guidelines for how severe a charge depends on a number of factors which are discussed during sentencing hearings in DC embezzlement cases.

If you were charged with embezzlement, consider contacting a lawyer to discuss your legal options. An experienced embezzlement attorney familiar with the hearing proceedings in DC courts could help to explain each step of the process and how you may work toward a good outcome under the circumstances.

The Framework of Embezzlement Sentencing in DC

Essentially, there are two primary components to the framework of sentencing in embezzlement cases. The first is the specific statute to which a person has pled guilty to, or was found guilty of during trial. The second component is the United States Sentencing Guidelines, as implemented by the United States Sentencing Commission.

There are numerous statutes under which someone could be found guilty at trial — or plead guilty to — regarding embezzlement. The specifics depend on the facts and circumstances of a case. For example, if a person charged with embezzlement works within the government, different statutes may apply when they are being sentenced as opposed to someone who works in the private sector. Because of the variety of nuances that affect every case, a person facing embezzlement charges may benefit from the clarity and knowledge of an attorney who is familiar with sentencing hearings in DC embezzlement cases.

What Role Does a Lawyer Play in Fighting for a Better Sentence?

A lawyer may play an important role in obtaining a better sentence for a defendant through numerous methods. First, by examining the sentencing guideline provisions indicated by the presentence report, a defense attorney may submit a written objection. For example, an attorney may challenge the application of a guideline enhancement related to the use of an unauthorized means of identification which, if passed, could add two levels to an offense. If successfully challenged, these offenses would not be elevated.

Another way a lawyer may help during a sentencing hearing is by gathering mitigation evidence to support the defendant’s position. For example, an attorney could send out detailed sentencing instructions to people who know the defendant and could speak about the individual’s character, their good deeds, or their activities within their community.  According to the federal sentencing statute 18 U.S.C. § 3553(a), a court is required to consider the characteristics of the defendant when fashioning a sentence.

The purpose of a testimony to present positive and truthful information to the court about the client being considered for sentencing. A hard-working attorney could study the facts of a case, as well as those presented through a presentence report, sentencing guidelines, and testimony to try to argue for a positive outcome given the circumstances.

An Attorney’s Approach to Sentencing Hearings

As mentioned above, when preparing for an embezzlement sentencing hearing, a lawyer may make objections to the advisory guidelines used to develop a sentence, and present mitigation evidence and information in a sentencing memorandum that includes letters and information gathered about the defendant. The lawyer then develops a package with the information strategically presented so the sentencing judge has the best picture possible of the defendant.

Therefore, the argument during a sentencing hearing is a corollary to the written memorandum provided to the sentencing judge. It is designed to highlight the most important parts of the written memoranda and the accompanying mitigation evidence.

When a  defense lawyer gets to a sentencing hearing, then, the judge has already read their written material and knows the direction their arguments will take. The attorney’s comments at sentencing highlight those portions of the written memorandum that may have the most impact.

Can an Embezzlement Sentence be Appealed?

Whether or not a sentence may be appealed depends on the terms of the plea agreement. Typically in an embezzlement case, a negotiated plea agreement usually allows for an appeal by the defense if the judge sentences above the high range of the applicable advisory sentencing guideline provision. However, an appeal may also be made by the government if the judge sentences below the applicable guideline range. Generally, this is the only avenue for an appeal of a sentence.

How a Lawyer Might Help with Sentencing Hearings in DC Embezzlement Cases

The result of a sentencing hearing can have a far-reaching impact on a person’s future. If you are facing charges of embezzlement, it may prove essential to have a well-versed and dedicated lawyer by your side during each step of the process.

Having the counsel of a proactive attorney may make the difference in the outcome of a case. To understand the process of sentencing hearings in DC embezzlement cases and how an attorney might help, call today.

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