Reviewed on: February 05,2016

At sentencing, if you plead guilty what type of sentence will you get?

MY DAUGHTER GOES TO HER SENTENCING COURT ON FEBRUARY 8 2016 SHE IS AT FLORENCE ARIZONA DETENTION CENTER HER CHARGES ARE SMUGGLING ILLEGAL ALIENS AND SHE SAID SHE TOOK A DEAL ADVISE BY HER ATTORNEY AND THAT WAS? 6 TO 9 MONTHS AND THAT HER TIME THAT SHES BEING THERE WAS GOING TO COUNT. AND SHE HAS NOW ALREADY SERVED. MORE THAN. 9 MONTHS? IF SHE TOOK THAT DEAL UP TO 9 MONTHS? IS OK THAT SINCE THEY CHANGE HER COURT DATE TWICE? NOW SHES ALREADY EXCEEDED IT HER TIME' AND ONCE U DO PLEAD GUILTY AND TAKE A DEAL? MEANS THAT. AT HER SENTENCING NOTHING CAN CHANGE? OR CAN THEY STILL. TRY TO GIVE HER WHAT THEY HAD SAID UP TO 10 YEARS? THANK YOU!

Asked: January 19,2016
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The federal judge in this case has a guideline that they must go by. The factors are criminal history, level of violence, money involved and the basic points of the crime. Once they have a range, it is entirely up to the judge. The prosecutor will make their recommendation, if your daughter is pleading to a charge that was negotiated, then she will know what they are suggesting. They have already told her that they can only recommend the sentence, the judge can do whatever they determine to be fair. Then there is her attorney's report as to a suggested sentence and finally a Pre-Sentence Investigator's Report which also recommends a sentence. Her time spent in Florence will be deducted from the time she gets as her commitment time. Since we are not involved in what was said and what was offered, we can only guess at an outcome. Pleading guilty and taking responsibility for her crime will go a long way towards getting the best outcome she could hope for under the circumstances. Ask her attorney about RDAP. It's a program that if she qualifies for will take 12 months off her sentence and guarantee 6 months or more of half-way house. If she does not answer her PSI report in the correct fashion, she will not get it once she is in the system. Now is the time to prepare for this program, BEFORE sentencing.
Accepted Answer Date Created: January 20,2016