Can A Personal Narrative Make A Difference at Sentencing?

When a person is arrested or charged by the DOJ it can be a frightening experience. Many people have never been arrested for even a misdemeanor much less a Felony. Most people who are in this position have never heard of the Federal Sentencing Guidelines. They hire an attorney who specializes in the type of crime they have been charged with and the attorney does their best to either negotiate the best possible plea deal or in some cases they go to trial. If the outcome is a guilty plea or guilty verdict at trial, the next step is to prepare for sentencing. The attorney will have their client solicit character reference letters from friends and family and the attorney will use those letters to help build the client’s sentencing memorandum. Many attorneys are very skilled at writing the memorandum and it is a very important part of the sentencing. However, the judge, prosecutor, and probation officer all know that the attorney is been paid to produce this document which will tell the judge all the reason why the client should receive a lower sentence. What if the judge heard from the defendant himself? What if the judge was able to get a picture of the defendant aside from his crime.?

This is where a personal narrative can possibly make a difference in sentencing. The personal narrative will describe the defendant’s upbringing, events that may have lead to the crime committed, and any alcohol and drug issues. The narrative will also show the defendant’s remorse and identification with their victims, and action items that the defendant is working on to make sure they will never come before the court again. The defendant will end the narrative by thanking the judge for reading and will be careful not to ask for a lower sentence, but to let the judge know they are ready to accept whatever the sentence is that is given.

If an effective narrative is written the judge can then see the entire picture of the defendant’s life. The narrative is a lot of work if prepared properly. The judge should be able to see that the defendant has put a lot of thought and work into the document. In addition to background, remorse substance abuse issues, the action items that the defendant tells the judge that he is working on can be very important. If the defendant in their narrative tells the judge he is working on things such as attending recovery meetings, working a job to pay restitution, volunteering, mentoring young people, going back to school to get a certification, and accomplishes these things the attorney will have a lot to work with when they write  sentencing memorandum. This work can make the difference between a guideline sentence and departure from the guidelines.