Right to Family during Sentencing

When a person has been charged with a crime, he or she must face a court case in most instances. He or she issues a plea and the criminal defense lawyer takes it from there. If the case is lost, conviction of the charges occurs with the sentencing of penalties for the crimes.

It is at this point many may wish to either face the situation alone out of shame or with family to bolster confidence or provide support. Just having family members in the same room may provide courage to face the punishments given by the judge.

Sixth Amendment and Sentencing

Each citizen of the United States is protected under the Sixth Amendment to the Constitution to have a fair trial. This extends to having family in the court during sentencing procedures. In many instances, the defendant wants to ensure there are plenty of friends and family in the courtroom to provide a means of support so he or she has the will to remain calm or exude a peaceful demeanor. Finding out that years in prison are required by law could break a person. However, when loved ones are near to radiate love and emotional warmth, it may be possible to remain sedate. This may allow the person to feel calmer or bolster emotions so a state of mind needed to continue on is created to avoid drama or violent outbursts.

Using Family to Reduce Sentences

Prosecuting parties and judges often find the actions of packing a courtroom with family and friends an act of disrespect. This is often the case when some children yell, speak in desperation, cry or shout against those performing standard duties in case proceedings. Grandmothers, children, parents and siblings might attempt to make the prosecuting parties feel sorrow, pity or empathy towards the defendant. However, these tactics to reduce penalties issued have worked in the past, and they work with great success rates in certain circumstances. Leniency, when penalties are proposed or for an acceptable plea bargain in favor of the convicted, is how these loved ones work against the processes of the law.

Harsher Penalties due to Presence of Family

Some judges find the use of family and friends so distasteful that they issue harsher penalties for these actions. When a person is convicted of certain egregious crimes, he or she may use any tactic available in order to avoid prison. To some judges, the disrespect is considered enough to elevate penalties within the confines provided for the charges given to the court. Proof has been established that the person is guilty of the crimes, and further use of family and friends who were not counseled prior to these criminal acts is deemed a desperate display in the eyes of the court.

Appeals Used when Family Is Excluded during Sentencing

Some judges find the use of family and friends so repugnant that they exclude them in the proceedings when sentencing is due to be issued. However, because this right is protected under the Sixth Amendment, an appeal may succeed. One court of appeals has previously held that the protection of this Amendment includes rights that are purposed with certain values to be upheld during court proceedings that include the reminder to prosecutors and judges of all responsibilities owed to the alleged perpetrator as well as all importance of their own functions in court cases. These responsibilities are both to the community and for fair events during the entire case as well as during sentencing procedures. Some sentences are often overturned or altered if an appeal of this nature is successful.

The appeals process is often a lengthy one. A person may be waiting in prison or jail while the court considers the case in which the person was convicted. Both patience and time are required for these procedures to conclude. Additional information may be examined along with previous and new witness testimony in determining if a case should be altered from original sentencing. Other factors may also come into play that may include criminal history, aggravating acts, how many were involved and similar issues.

Seek a Criminal Defense Lawyer

It is vital that a lawyer is hired for felony cases in general, but if loved ones have been excluded from court proceedings, a legal representative may be essential in order to ensure an appeal is filed. Many defending persons are unaware of all their rights afforded through the Constitution. A lawyer experienced in these matters would ensure these rights are protected.