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Sentencing

For many, if not most people facing a DUI charge, the sentencing hearing is more likely to cause stress and anxiety than any other.  And while the sentencing process does not differ significantly in Seattle Municipal Court than it does in most other jurisdictions, a brief overview is useful.

Sentencing occurs once there has been a resolution to the criminal charge that was filed.  If the charge is for DUI, then sentencing could occur for a conviction of the underlying charge (by way of a plea or after trial) or for an agreed reduction from DUI to some lesser offense (Reckless Driving, Reckless Endangerment, Negligent Driving First Degree).  At sentencing, the prosecutor will make a recommendation to the court and the defense will follow.  Often times, especially if the result was reached by way of negotiation, the recommendation will be agreed upon and the parties will be attempting to get the court to ratify that agreement.  In other instances, there may be a great disparity in the final sentence both parties are seeking.  Keep in mind that a judge never has to follow a recommendation and can sentence up to the maximum, regardless of what the parties have agreed upon.

At sentencing, the defendant has the right of allocution, meaning the right speak on one's own behalf.  Consider this option carefully.  If a person is contrite and thoughtful, a statement can be very beneficial.  If a person is combative, the results can be less pleasing.

The judges of the Seattle Municipal Court do not differ from their counterparts across the state in that they all appreciate someone who is proactive and who had addressed all of the court's likely concerns prior to sentencing.  To that end, be sure to consult with a Seattle DUI lawyer at the earliest possible moment to start anticipating potential outcomes and what a specific judge will want to see, well in advance.  Such practice often pays major dividends at the final resolution.