You might be surprised to learn that even if you’re acquitted of certain charges, those charges could still affect your sentence. This concept, known as “acquitted conduct,” allows courts to consider allegations you were found not guilty of when determining your punishment. Understanding how this works and its implications can be crucial if you’re facing criminal charges. This blog explores what acquitted conduct means, the legal landscape surrounding it, and the steps you can take to protect your rights during sentencing.
Understanding Acquitted Conduct
Acquitted conduct refers to the practice where courts consider charges that a defendant was acquitted of when determining their sentence for other convictions. Although it may seem counterintuitive, the court can consider the conduct underlying the acquitted charges if they believe it is relevant to the case.
This practice stems from the idea that sentencing judges have wide latitude in considering a variety of factors about the defendant’s behavior and character. For example, if someone is acquitted of armed robbery but convicted of a lesser charge like theft, the judge might still consider the alleged robbery when deciding the sentence for the theft. This can result in harsher penalties, as the acquitted conduct is viewed as part of the broader context of the defendant’s actions.
Proposed Guidelines and Legal Landscape
The legal landscape surrounding acquitted conduct is complex and evolving. Currently, both federal and state courts, including those in Michigan, allow judges to consider acquitted conduct during sentencing. This practice is rooted in the principle that sentencing should take into account all relevant behavior to accurately reflect the defendant’s character and actions. However, this approach has sparked significant controversy, with critics arguing that it undermines the fundamental principles of justice and due process.
Proposed guidelines aim to clarify and potentially limit the use of acquitted conduct in sentencing. These guidelines suggest stricter standards for when and how acquitted conduct can be considered, emphasizing the need for clear and convincing evidence rather than a mere preponderance of the evidence. Advocates for reform argue that these changes are necessary to ensure fairer sentencing practices and to protect defendants’ rights.
In Michigan, the debate continues as lawmakers and legal experts examine the implications of these guidelines. As these discussions progress, it is important for defendants and their legal teams to stay informed about potential changes and understand how they might impact sentencing.
Steps to Protect Yourself
To protect yourself from the potential impact of acquitted conduct on your sentence, take proactive measures. Here are key steps to consider:
- Engage a Skilled Defense Attorney: Work with an experienced criminal defense attorney who can develop a strong defense strategy and ensure your rights are protected throughout the legal process.
- Thoroughly Document and Present Exculpatory Evidence: Gather all relevant evidence that supports your innocence and challenges the prosecution’s case. This includes witness statements, alibis, and any physical evidence that can help exonerate you.
- Be Strategic During Plea Negotiations: Understand the implications of any plea deal offered. Your attorney can help negotiate terms that minimize the risk of acquitted conduct affecting your sentencing.
- File Legal Motions: If you’re acquitted of certain charges, your attorney can file motions to prevent those charges from being considered during sentencing. These motions may argue that considering acquitted conduct violates your constitutional rights.
- Stay Informed and Active in Your Defense: Actively participate in your defense by staying informed about your case and regularly communicating with your attorney. Understanding the nuances of your case can help you make informed decisions and better protect your rights.
Contact an Experienced Detroit Criminal Defense Attorney
At Federal Criminal Attorneys of Michigan, we have the experience and dedication to protect your rights and ensure a fair sentencing process. We understand the complexities of acquitted conduct and will fight to minimize its impact on your case. Contact us today for a consultation and take the first step toward a strong defense.
Federal Criminal Attorneys of Michigan, rooted in Detroit, assists clients with criminal defense in Lansing, Grand Rapids, Ann Arbor, Flint, and all of Michigan.
