kansas city, kansas CRIMINAL SENTENCING
Sentencing is the final stage of the criminal case. It will only be you, your attorney, the State attorney and the judge will be necessary for this hearing. The judge alone will make the final decision. To make this decision the judge will use the pre-sentencing report and hear any arguments from the attorneys. Using the Kansas sentencing grid the judge will order you to probation or imprisonment.
Sentencing Hearing
This hearing will occur inside of the courtroom and will be very similar to your trial. The district attorney will argue for the sentence they see fit. Your attorney will share what they believe your sentence should be. If there is a victim, or victim's family members, they will be given an opportunity to speak to the court. You too, perhaps for the first time, will be given the chance to speak to the court. Thereafter, the judge will make a order your sentence. This stage typically happens all in the same day.
Sentencing Grid
In Kansas, the judges use a sentencing grid, to determine your sentence. The judge will input two numbers into the grid to arrive at you final sentence. The first will be (ranging from a score between one and ten, one being the most severe) the crime severity level. Next a category based upon your prior convictions (ranging from A to I). Using these two categories, the judge will determine your sentence. Aggravation factors will cause the court to give you a harsher sentence (ex. use of a gun during a crime). Mitigating factors can reduce your sentence. This grid will additionally provide whether you should be sentence to confinement or probation.
Departures
Your judge is often given some discretion, called departure. This means that you may be put on probation instead of in prison (dispositional) or, can be given a sentence greater than the recommended range (durational). You can, through motion, ask the court to give you a lesser sentence. Some reasons that the court may depart the grid and grant you a lesser sentence include: willingness to attend rehab, taking responsibility for the crime and/or that you only caused slight harm. The district attorney may request an departure that increases your sentence. One reason for an upward departure is if your crime was motivated by hate toward a protected class.
Concluding Hearing
The judge will use all evidence shared during the sentencing hearing and then announce a decision. If you are sentence to a term of imprisonment you will be taken into custody on the same day. If you are sentenced to treatment or probation you will likely have time to make those arrangements.
Remember: You will have the right to appeal the decision of the court.
If you have pending charges you need an attorney right away! We can help you. Call now 913.602.7288 .
Sentencing Hearing
This hearing will occur inside of the courtroom and will be very similar to your trial. The district attorney will argue for the sentence they see fit. Your attorney will share what they believe your sentence should be. If there is a victim, or victim's family members, they will be given an opportunity to speak to the court. You too, perhaps for the first time, will be given the chance to speak to the court. Thereafter, the judge will make a order your sentence. This stage typically happens all in the same day.
Sentencing Grid
In Kansas, the judges use a sentencing grid, to determine your sentence. The judge will input two numbers into the grid to arrive at you final sentence. The first will be (ranging from a score between one and ten, one being the most severe) the crime severity level. Next a category based upon your prior convictions (ranging from A to I). Using these two categories, the judge will determine your sentence. Aggravation factors will cause the court to give you a harsher sentence (ex. use of a gun during a crime). Mitigating factors can reduce your sentence. This grid will additionally provide whether you should be sentence to confinement or probation.
Departures
Your judge is often given some discretion, called departure. This means that you may be put on probation instead of in prison (dispositional) or, can be given a sentence greater than the recommended range (durational). You can, through motion, ask the court to give you a lesser sentence. Some reasons that the court may depart the grid and grant you a lesser sentence include: willingness to attend rehab, taking responsibility for the crime and/or that you only caused slight harm. The district attorney may request an departure that increases your sentence. One reason for an upward departure is if your crime was motivated by hate toward a protected class.
Concluding Hearing
The judge will use all evidence shared during the sentencing hearing and then announce a decision. If you are sentence to a term of imprisonment you will be taken into custody on the same day. If you are sentenced to treatment or probation you will likely have time to make those arrangements.
Remember: You will have the right to appeal the decision of the court.
If you have pending charges you need an attorney right away! We can help you. Call now 913.602.7288 .
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GET THE HELP YOU NEEDWithout the help of Kansas City, Kansas attorney, it is likely that your case will not go in your favor. Attorney T. Morton has the experience necessary to determine if you are being treated fairly and all know all of your options. Call now 913.602.7288
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We are serving Overland Park, Kansas City, Johnson County, Douglas County, Wyandotte County and all of Kansas.
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Before you decide to accept any offers call us for a consultation. Attorney T. Morton, and team, can help guide you. Call us today @ 913.602.7288.
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We do charge a small consultation fee. Thereafter, depending on the nature of your crimes, a retainer fee will be due. The amount varies by case but can be determined quickly. |
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Contact Us7500 College Blvd., Suite 500
Overland Park, KS 66210 Phone: 913.602.7288 Fax: 913.624.3311 Google Map Link |
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