Will a judge take into consideration your behavior since the offense when handing out a sentence?

It depends. If this hypothetical person committed murder and was just released from prison 4.5 years ago, that crime free period is not likely to be a big deal. But you're asking the reverse - since they committed this offense in 2010 and just now either got caught or just now resolved the case, does that carry weight with the judge? Maybe. But why the 4+ year gap? And why is the case resolving now? If they were in protracted litigation sbiut discovery, search issues, etc - and have been monitored by being on bail, then a 4.5 year time frame works in their favor. If they just got caught in some other crime and the old case cropped up... or if there was an active warrant, that's worse. Also - how does he prove he has been crime free for these years? A cynical prosecutor and/or judge would just assume they were not crime free - just that they hadn't gotten caught. All fodder for this person's lawyer to deal with.

Yes, your attorney can make that argument, and whether it helps or not is up to the judge who will also consider any priors before the trafficking offense. Your attorney will have all of the details and can give you a more informed answer.

Certainly a lawyer can argue that a client has used the time since his arrest to turn his life around. The reverse is also true: a defendant who is released while his case is pending, then continues to commit new offenses, is going to face harsher treatment.

Yes, you can certainly provide this information to the court and there is a chance it may help....depending on many factors, including criminal history of the defendant. It can't hurt to at least provide this information to the court. The judge may or may not consider this information before sentencing. Your attorney is in the best position to answer this question as they are most familiar with the case and the background of the defendant. Good luck.

YES, the lawyer can make that "case" to the judge. I'm wondering how this case is still in court if the offense occurred in 2010? Have you discussed your "case" with your attorney? As for your other question: "Is there a difference in sentencing in the real world for a crime that took place two weeks ago vs. that same crime happening 4 1/2 years ago? MAYBE. What exactly is going on here? Are you being sentenced for something that happened two weeks ago (unlikely) or something that happened 4 1/2 years ago??

This question is best directed to your criminal defense attorney. The judge will consider the probation report in imposing a sentence, so the first person you must impress is the probation officer who will write the report.

First, the nature of these charges dictate that an individual should have an attorney, either court appointed or privately retained. Second, these questions should be discussed with that attorney. As others stated, absolutely staying clear of criminal activity for 4 1/2 years since the date of offense is a positive for sentencing purposes. However, as others pointed out, there are a lot of other factors that the court will look at, such as: 1) Why 4 1/2 years before case reaches point of sentencing? Did the individual at some time fail to appear and there was an outstanding warrant? If so, did the individual get picked up on the warrant (not good as shows lack of accepting responsibility, etc.) or did the person come forward to clear the warrant (good as shows that they are stepping up to the plate to accept responsibility). 2) What has that individual been doing for the last 4 1/2 years (other than not picking up new criminal charges)? Have they gotten an education, been gainfully employed, been an involved positive member of their community, etc? Those are all great facts to argue. On the other hand, has the individual been unemployed, homeless, not done anything positive with their life? If so, while it's great that they have stayed out of trouble so far, those factors tell a judge that the individual could easily fall back into a life of crime. Unless the DA and the defendant have entered a plea deal where the issue of sentencing has been agreed to, the judge makes the sentencing decisions. Before the day of sentencing the probation department provides the judge with a presentence investigation report. The court sets out sentencing in felony matters 20 court days (about 30 calendar days) so that this report can be prepared. That report gives the judge probation's recommendation for sentencing along with a narrative report supporting their position and attachments that include any letters or documentation provided on behalf of the defendant as well as sometimes a letter from the victim(s). This report is received by the judge and reviewed prior to the date of sentencing. Given the importance of sentencing I always spend time with clients preparing them for their probation interview (important opportunity to show remorse, acceptance of responsibility and their likelihood of success if placed on probation). In addition, it is important to gather helpful letters and documentation to provide to probation within the prescribed period. Most courts provide that you have two weeks to provide that information to the probation department after the date of the plea or conviction, so that probation has time to integrate it into their report. Appropriate letters are things like letters from employers, members of the community, that can attest to that individual's character and likelihood of success on probation. If someone has become a productive member of society over the last 4 1/2 years there should be individuals who can attest to such. Before the judge takes the bench for sentencing they have already tentatively decided how they want to proceed with sentencing. It is a rarity that their decision is swayed differently at the time of sentencing by the argument of counsel. That is why preparing the defendant to handle the probation interview in the best possible manner and the provision of helpful letters and documentation are critical. In addition, where called for the attorney can provide a sentencing brief to the court in advance. The same information gathered for sentencing can be used to negotiate a favorable plea deal with the DA. Plea deals that stipulate probation or the time to be served are preferable as they are a sure thing versus leaving the matter up to the judge. Bottom line all of the positives that can be gathered to support a strong argument for a more favorable outcome for sentencing purposes are the same things the DA will consider in determining a proper plea deal.

A great deal will depend on the circumstances and the persuasiveness of your attorney. You could benefit from meeting with an attorney to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many attorneys offer a free consultation. I wish you the best.

As the others have stated, these are questions only your attorney can answer without more information.