Federal Sentencing in Michigan
What to Expect at a Federal Sentencing Hearing: A Guide for Defendants and Their Families
What You Need to Know About Federal Sentencing Hearings
If you or someone you care about faces federal sentencing, you’re likely overwhelmed and unsure of what to expect. The stakes are high, and you deserve a federal criminal defense lawyer who takes your case and your representation seriously. Federal judges have broad discretion, and the wrong move can cost you years of your freedom. This guide explains what happens, what matters most, and how the right lawyer can fight for a better outcome.
Understanding the Process
After a guilty plea or conviction, the federal judge orders a Presentence Investigation Report, or PSR. A federal probation officer interviews the defendant and prepares a detailed report for the judge. The PSR includes facts about the case, the defendant’s history, and a calculation of the Federal Sentencing Guidelines range.
The PSR plays an important role in the judge’s decision. Judges often rely on it to decide how much time, if any, someone should spend in custody. A lawyer who understands how to influence the PSR can make a significant difference in the United States District Court for the Eastern District of Michigan or the federal courts in the Western District of Michigan.
Challenging the PSR
Once the PSR is drafted, both sides can object. A good federal defense lawyer reviews it line by line and corrects every error. We object when probation officers include unfair enhancements or misstate facts. We also gather and submit documents that show the defendant’s background, rehabilitation, and support system.
What Happens at the Sentencing Hearing in Federal Court
At the federal sentencing hearing, the judge confirms the final guideline range, expects arguments from both lawyers, and hears from the defendant. This is called allocution—the defendant’s chance to speak directly to the judge. It is one of the most critical parts of the hearing.
The prosecutor usually argues for a sentence within or above the guideline range. The defense attorney argues for leniency. A lenient sentence might include a downward variance, which allows the judge to impose a sentence below the guideline range based on personal history, good deeds, family obligations, or treatment efforts.
Judges must also consider the factors listed in 18 U.S.C. § 3553(a), which include:
- The seriousness of the offense
- The defendant’s personal history and characteristics
- The need to protect the public
- The goal of rehabilitation
- Sentencing disparities between similar cases
A skilled lawyer weaves these factors into a compelling argument for the lowest possible sentence.
The Role of the Right Lawyer
Many defendants enter sentencing unprepared because their lawyer failed to take this phase seriously. That is a mistake. Sentencing is not automatic. Judges have discretion, and the quality of advocacy in the courtroom often decides the outcome. Your lawyer must not only ensure you understand what to expect at a federal sentencing hearing, but they must also make sure the defense is prepared to persuade the judge to focus on rehabilitation over punishment effectively.
At LEWIS & DICKSTEIN, P.L.L.C., we treat sentencing as the most important part of the case. We dig deep into our clients’ lives to find the human elements that help the judge see the person, not just the charges. We prepare sentencing memoranda, organize character letters, and sometimes include expert reports or documentation of mental health treatment, community service, and employment history. We walk into court with a plan to succeed, not excuses.
What Happens After Sentencing
If the judge imposes custody, the defendant may be taken into custody that day or permitted to self-surrender at a later date. The Bureau of Prisons assigns a facility and calculates release dates. Most defendants earn good time credit and can qualify for programs that reduce time in custody.
Judges also impose supervised release or probation. Violating those terms can lead to more prison time, so having counsel to advise you during that phase matters too. Knowing what to expect at a federal sentencing hearing is necessary for you to achieve a favorable outcome and avoid supervised release and probation violations.
When to Act – Time is of the Essence
The best time to take action is now. If your lawyer isn’t talking to you about sentencing memos, mitigation, or guideline calculations, you have a problem. You have the right to change lawyers, even late in the case. It is essential that you act quickly to preserve your rights if you are considering hiring new counsel to help you with a federal sentencing hearing.
LEWIS & DICKSTEIN, P.L.L.C. routinely takes over cases before sentencing when clients realize they need someone who will fight harder and smarter. We know the local federal judges, the assistant United States attorneys, and the strategies that work in federal court. Our team will ensure you know what to expect at your federal sentencing hearing and how to achieve the best possible result.
We help clients:
- Correct PSR errors
- Argue for sentencing variances
- Prepare to speak at sentencing
- Avoid federal prison when possible
- Serve the shortest lawful sentence if custody is unavoidable
Your Best Hope for a Successful Federal Sentencing Hearing
Federal sentencing doesn’t have to be a disaster. With the right lawyer, you can walk into court with a plan, a voice, and a real shot at mercy. If you or someone you love is approaching sentencing and needs help, call us. Before you appear in court, it is vital that you understand what to expect at a federal sentencing hearing. The Federal Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is available to review your case, give you honest advice, and tell you what we can do to protect your future. Contact us for a free consultation today. We will find a way to help you!
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
