What Is the Process of a Sentencing Hearing in Texas? [2024 Updated]

After a guilty plea is entered into the court record or a verdict is reached at the end of a trial, the next step in the criminal justice system is sentencing. In sentencing, the judge considers the appropriate punishment for the defendant if they plead guilty or are found guilty by a jury of their peers. Depending on your conviction, you could be looking at a significant sentence. You may wonder, “What is the process of a sentencing hearing in Texas?”

The Process of a Sentencing Hearing

Being aware of the various steps in the sentencing hearing process can increase your awareness of the justice system and help you achieve a better outcome for your case. Working with an experienced Texas criminal defense lawyer can help you figure out your next steps and better prepare you for sentencing.

Once the defendant is found guilty, the sentencing phase begins. The judge must issue a punishment that resides within the range authorized by Texas law. The defendant is allowed to choose whether their sentence is given to them by a judge or a jury.

What Happens During Sentencing?

As the sentencing process begins, the judge presiding over your case will review a pre-sentence report that was submitted by a probation officer. This pre-sentence report will contain all pertinent information related to the defendant that must be considered when deciding on their sentence, including their past criminal history, the charges they were arrested on, any personal history of violence or substance abuse, their mental health, finances, and education.

The pre-sentence report will list various sentencing options that the judge could consider and the impact that any plea deal may have had on the remaining charges.

The prosecutor will be permitted to recommend a sentence to the judge, as well as explain why they are recommending that sentence. The defense attorney will also be permitted to address the court regarding any mitigating factors that could push the court toward leniency. The defendant will also have the opportunity to address the court directly and make a statement.

Determining the Sentence

The judge will not determine a defendant’s sentence lightly. They will consider all the relevant information, including the pre-sentence report, the prosecution and defense’s recommendations, and any victim impact statements that may have been presented. The judge will consider the defendant’s criminal history, their overall involvement in the crime that they were arrested for, why they may have committed the crime, and whether they have demonstrated any remorse.

If the defendant is actively demonstrating remorse and wishes to better their life, the judge may take that into consideration when deciding on their sentence. Depending on the offense, certain actions taken by the defendant prior to sentencing can positively impact their sentence, including:

• Drug and/or alcohol counseling.
• Restitution.
• Community service.
• Mental health counseling.
• Maintaining gainful employment.

An experienced criminal defense attorney will try their hardest to ensure that you receive a lighter, more justified sentence. That may involve taking a plea bargain, in which you admit to a lesser charge in exchange for a lesser sentence. It may not be ideal, but it might also be your only option in the event of a strong case against you.

FAQs

Q: What Is the Purpose of a Sentencing Hearing?

A: The purpose of a sentencing hearing is to determine the exact punishment that the defendant shall receive after pleading guilty or being found guilty in a court of law. Depending on the conviction, the defendant may receive considerable penalties, such as jail time, hefty fines, community service, or probation. A judge will go through all the evidence, consider arguments from both sides, and decide on a sentence.

Q: Are Witnesses Called During a Sentencing Hearing?

A: Yes, witnesses can be called during a sentencing hearing. Both sides have the option to call witnesses to testify during a sentencing hearing. Sometimes, victims or victims’ family members may make a statement to the court or to the defendant to tell them how the crime has affected them. This can severely impact a judge’s decision regarding sentencing. Other times, the victims’ impact statements were already read during the trial or are included in the pre-sentence report.

Q: Can You Go to Jail at a Sentencing Hearing?

A: Yes, it is possible to end up in jail at the end of a sentencing hearing. At the end of a sentencing hearing, if the defendant is sentenced to jail or prison time by the judge, they will be taken into custody and processed. Sometimes, the date that the prison sentence is supposed to start may be weeks later. In that time, the defendant may be allowed to settle their affairs if they are not deemed a flight risk.

Q: How Long Does a Sentencing Hearing Last?

A: The amount of time that a sentencing hearing lasts depends entirely on the nature of the case and the impact that the sentencing will have on the community at large. When you consider all the time that a judge needs to consider the evidence, hear victim impact statements, hear sentencing recommendations from both sides, and weigh options, a sentencing hearing can last anywhere from a few hours to several days.

Reach Out to an Experienced Criminal Defense Lawyer Today

Being convicted of a crime can be an overwhelming experience in one’s life. You may have already gone through the stress of a trial, or you have pleaded guilty to avoid a heftier loss. Either way, you still have to endure the sentencing. Along the way, your criminal defense lawyer will be by your side, providing you with sound legal counsel and advocating for your legal rights.

The legal team at Greco Neyland, PC, understands the kind of legal assistance you will need to fight for your rights in the face of a potential criminal conviction. We can help you develop a strong defense, gather the right kind of evidence, and make sure your rights are protected through the entire process. Contact us to schedule a consultation as soon as you can.