- 1). Review the U.S. Sentencing Guidelines. The U.S. Sentencing Guidelines are used by courts to determine what sentence is most appropriate for a criminal defendant. The two basic factors utilized in the U.S. Sentencing Guidelines are the nature of the crime of which you are convicted and your prior criminal history.
- 2). Submit your position regarding sentencing recommendations to the U.S. Probation Office. The U.S. Probation Office oversees the preparation of all Pre-Sentence Reports--whether or not a recommendation of probation is being made. A member of the Probation Office's staff is assigned to your case. You have the option to present him with your own written statement concerning a sentence.
- 3). Read the Pre-Sentence Report when issues by the U.S. Probation Office. You have the right to file an objection to the sentencing recommendation if you do not concur with the proposal. Keep in mind that the judge nearly always follows the recommendation made by the U.S. Probation Office. Therefore, your best hope of getting a sentence of probation is having such a recommendation from the U.S. Probation Office before your sentencing hearing.
- 4). Argue your position regarding the appropriateness of a probation sentence at your sentencing hearing. The sentencing hearing is your last chance to convince the judge that a probation sentence is proper.
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