In the event there will be disputed facts before the court at sentencing, counsel should consider requesting an evidentiary hearing. If a sentencing hearing will be held, counsel should ascertain who has the burden of proving a fact unfavorable to the client, be prepared to object if the burden is placed on the defense, and be prepared to present evidence, including testimony of witnesses, to contradict erroneous or misleading information unfavorable to the client.
When information favorable to the client will be disputed or challenged, counsel should be prepared to present supporting evidence, including testimony of witnesses, to establish the facts favorable to the client.
If the court has the authority to do so, counsel should request specific orders or recommendations from the court concerning the place of confinement, parole eligibility, psychiatric treatment or drug rehabilitation, permission for the client to surrender directly to the place of confinement, and against deportation/exclusion of the client.
When appropriate, counsel should prepare the client to personally address the court.
If a custodial sentence has been imposed, counsel should consider requesting a stay of execution of the judgment to permit the client to report directly to the place of confinement.
After final disposition of the case, counsel should inform the client of any procedures available for requesting that the client’s records in the case be expunged and, if such procedures may be available in the client’s case, when and under what conditions the client may pursue an expunction.
A client’s right to counsel, and counsel’s responsibilities to the client, do not terminate upon conviction, imposition of sentence, or order of deferred adjudication community supervision.
Regardless of whether appointed or retained, and irrespective of the terms of any contract or legal services agreement, counsel must continue representation of the client until counsel has been formally granted permission to withdraw as counsel of record. Counsel shall continue to represent the client until appeals are exhausted, including in motion for new trial proceedings.
If the client wishes to pursue post-trial remedies, counsel should do the following prior to seeking to withdraw as counsel for post-trial proceedings:
Notify the trial court in advance if the client will submit an affidavit of indigency and may require immediate appointment of post-trial counsel; and
2. If arrangements have not been made for new counsel by the day of the verdict, assist the client in filing a written notice of appeal and in requesting prompt appointment of post- trial counsel.