Criminal Law Questions? Ask a Criminal Lawyer.
What you wrote above, is truly on the right track. of the message you need to convey to the Judge. First, accept responsibility for what happened and apologize to the court. Briefly explain to the Judge, the reason for your actions and that you regret what has happened. Then, explain tot he Judge your current situation and everything you have done, since being charged, to rehabilitate and correct your wrong doing. It seems as though you have made great efforts, to get back on track. Moreover, explain to the Judge the need for you to be there to raise your daughter. Ask for the court to consider probation or a residential treatment facility, that will allow you to keep your child. Ask for treatment and any other help, the court will offer. Give the Judge alternatives, instead of incarceration. If you could speak at your sentencing, it would probable be better, to reiterate everything you say in your letter to the Judge.
Okay, but can you give me an example of a good way to word all that, I have such a hard time putting it into words. And since my daughter's father will be there in the courtroom how do I explain that I would never have been involved without him, and he's gonna be right there. (*His approach to sentencing is to say that he was only involved for one phone call (he pled to a phone count) and that after his phone call he went to jail for a probation violation. This is despite the fact that the CI's in our case all named him as the major distributor.... so basically he's trying to BS...) So if I stand there and say that without his being in my life, I would never have been around these people, and he says that he wasnt' even involved, how does that look?
What are some alternatives to incarceration, besides being sentenced to the halfway house? ANd how do I make myself look like a good candidate for that type of sentence?
The guidelines have become advisory, and there is no madatory minimum for my charge, thankfully. My attorney told me the judge would feel generous if he imposed like 2 years of my sentence, which could possibly be done in a halfway house or like facility. How do I say that I would have never known these people without brining in my co-defendant? Does that make sense?