In this video from the new series, Mr. Petrus explains the differences between federal in state sentencing in New York. In state court, a sentence is typically negotiated between the state prosecutor and the defense lawyer before being presented to the judge for approval. The sentencing process is quite different in U.S. federal court. Although the U.S. Attorney and defense lawyer may negotiate a plea agreement and sentencing range to present, the judge has the final say in setting the exact sentence, which may differ from what is presented by the attorneys.
Due to these differences, it is extremely important to hire a criminal defense lawyer who has experience in federal court when facing federal charges. An experienced federal criminal defense attorney will understand the factors a federal judge considers when setting a sentence, and therefore will know how to best present your case.
To view other videos in this informative video blog series, visit petruslaw.com.