Other consequences of conviction including, but not limited to, ineligibility for professional licensure and various government programs; prohibition from possessing a firearm; suspension of a motor vehicle operator’s license; civil monetary penalties; loss of civil rights; and potential federal prosecutions.
Counsel should be familiar with the sentencing procedures, including:
The effect that plea negotiations may have upon the sentencing discretion of the court;
The procedural operation of the applicable sentencing system, including concurrent and
3. The practices of those who prepare the sentencing services plan or presentence report, and the client’s rights in that process;
Access to the sentencing services plan or presentence report by counsel and the client;
The defense sentencing presentation and sentencing memorandum;
The opportunity to challenge information presented to the court for sentencing purposes;
The availability of an evidentiary hearing to challenge information, and the applicable
rules of evidence and burdens of proof at such a hearing; and
8. The participation that victims and prosecution or defense witnesses may have in the sentencing proceedings.
In preparing for sentencing, counsel should consider the need to:
Inform the client of the applicable sentencing requirements, options, and alternatives, and the likely and possible consequences of the sentencing alternatives;
Maintain regular contact with the client prior to the sentencing hearing, and inform the client of the steps being taken in preparation for sentencing;
Obtain from the client and other sources relevant information concerning such subjects as the client’s background and personal history, prior criminal record, employment history and skills, education, medical history and condition, and financial status, and obtain from the client sources through which the information provided can be corroborated;
Inform the client of the client’s right to speak at the sentencing proceeding and assist the client in preparing the statement, if any, to be made to the court, considering the possible consequences that any admission of guilt may have upon an appeal, subsequent retrial, or trial on other offenses;