Legal Question in Criminal Law in Minnesota

Sentencing Hearing Protocol

What are the protocols for a Sentence Hearing? I have plead guilty to my 3rd felony: Schedule 2 narcotics w/ distribution after ''working'' (state's evid.) 110 month state guide. determinate prison sentence to 60 months. I fled before final omnibus/plead/p.s.i.etc five yrs. ago, since I was O.R. status. W/ only 17 months of sobriety, but nationally recognized psychiatrist recommending a probationary type sent. and many quality character references- what kind of hearing is done at sentencing? We need to offer the Judge solid support to depart dispositionally and will try to get Dr. and others to participate in the hearing. need to know procedurals: direct quest., cross-exam., kind of background on witnesses comes into question, etc. Need to give total picture of amenabilty to prob. cause I have changed.


Asked on 12/08/02, 12:02 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Sentencing Hearing Protocol

This is too big a topic to address properly here. You really should have a criminal defense lawyer help you with this!

Although there have been some famous "trials" in history that were really sentencing hearing with extensive testimony, most sentencing hearings in Minnesota are fairly limited, and do not include testimony.

For information on protocols for sentencing hearings, look at the Minnesota Rules of Criminal Procedure (law library or MN Supreme Court web site), and other related books in the library.

Are you saying that you pled guilty, but were never sentenced? Adjudication of guilt, or "conviction," normally takes place at the time of sentencing in Minnesota courts. If so, perhaps your lawyer could make a motion to withdraw your plea, and start over on the case -- or re-negotiate the plea deal instead.

The Presentence Investigation Report by the Probation Officer is highly influential in most cases. If it contains inaccuracy, you can bring evidence to contradict it.

Bottom line -- you need a criminal defense lawyer's help with this.

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Answered on 12/09/02, 4:59 pm


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