What you have done to control your problem will be the most important subject at your allocation. Work on it And use your attorney to assist you. You are at the end of the line for most repeat drinking and driving offenders. Convincing the judge you are worthy of leniency will not be easy. Hardship is not enough, taking action to correct your problems is your only real hope. Get a very good and experienced attorney to assist in mitigating your penalties and ramifications.
I assume that you have an attorney involved in your case, and you should be asking him or her. At the very least, you should let your attorney read your letter before it is submitted to the court. Most attorneys have a good grasp on what is important at a sentencing. The main thing to stress is whatever it is that you have done to address what is apparently a serious alcohol issue. Everybody wants leniency, and jail or prison will be a hardship for them and their family, but not everybody takes the steps to deal with alcohol or substance abuse. That being said, discuss this with your attorney. Sincerely, Frank B. Ford
If it is your third offense that means it is a felony which means you should have a lawyer- appointed or retained. You should be addressing these concerns to him or her. Usually what judges want to see is that you acknowledge you have a problem and are doing something about it. For exqmple, if you hqve proof of AA attendance, PBT results, counseling, or rehab you can include such proof or verification in the form of a sentencing memo. Letters from employers detailing how valuable and dependable of an employee you are can help as well as proof of any community service.
What judges don't want to see is minimalizing the situation or asking about things the judge has no control over such as driver's license sanctions.
Your sentence also depends on your sentencing guidelines and any sentencing agreement you had. You can also petition the judge for work release from jail or to serve your sentence on the weekends. Some judges are more apt to grant these requests than others which is why it is important to be represented by an attorney that is familiar with your particular judge.
Sentencing hearings are very important and a strong allocution and well put together sentencing memo can make a big difference. Make sure you are represented by an experienced DUI and criminal defense lawyer. Good luck.
Allen M. WolfCriminal Defense AttorneyLake Orion, MI ·
More important than a letter, will be your right to speak at your sentencing. What you say and how you say it (for your particular set of facts and circumstance) should be part of the sentence strategy that you work out with your attorney prior to sentencing. Obviously, your question would be better addressed to the attorney representing you than a online forum. If you don't have an attorney, or one that you can trust, then is an excellent source for you to find experienced criminal defense counsel to assist you with your case. Generally, expressing responsibility, remorse and a plan of action to deal with your problem will be areas to be addressed. You need to put yourself in the shoes of the judge and ask yourself what would you want to hear in order not to put you in jail and throw away the key.