A criminal trial does not end when the jury delivers a guilty verdict. There is then the matter of determining the defendant’s sentence. The trial judge is responsible for sentencing the defendant after considering information offered by the prosecution and any statements from the victims (if any). The defendant also has a statutory right to “make a statement and to present information in mitigation of punishment.”

Court of Special Appeals Orders New Sentencing Hearing After Man Convicted of Assault But Acquitted of Murder

Although sentencing may take place immediately after receiving the jury’s guilty verdict, a judge is expected to give the defendant adequate time, when requested, to prepare and present evidence regarding mitigation. Failure to do so can lead an appellate court to order a new sentencing hearing.

For example, the Maryland Court of Special Appeals recently held that a Washington County judge acted improperly in moving to immediately sentence a defendant without granting time to prepare evidence of mitigation. The case, Broussard v. State, involved the September 2017 shooting death of a man in Hagerstown. According to prosecutors, the defendant executed the victim to “avenge” the murder of his cousin. The defendant insisted it was another person who shot and killed the victim.

The jury actually acquitted the defendant on murder charges but convicted him on the lesser offense of first-degree assault. After discharging the jury, the judge asked both sides if they wished to proceed with a sentencing. The prosecution wanted to proceed right away, arguing that the victim’s family was already in the courtroom and that it would be “cruel to bring them back” for a later sentencing hearing. The defense, however, wanted an opportunity to prepare additional information–specifically a psychological report about the defendant–and asked for a delay.

The judge, however, agreed with the prosecution that it would be unfair to make the victim’s family return. The court therefore denied the defense motion to delay sentencing. The judge then imposed the maximum possible sentence of 25 years in prison, reasoning that even though the jury only convicted the defendant of assault, his actions did lead to the victim’s death.

The Court of Special Appeals said the judge clearly violated the defendant’s rights in denying him “additional time” to obtain the new psychological evaluation. This denied the defendant a “meaningful opportunity to present information in mitigation of punishment.” The trial judge suggested that the evaluation was unnecessary given one was prepared before trial and found the defendant “mentally competent.” But as the appellate court noted, the purpose of the new report sought by the defense was to “present information relevant to mitigation in sentencing.” Indeed, the report prepared for sentencing covered a good deal of information that was not included in the pre-trial competency evaluation.

Even if the judge ultimately decided the new report did not justify mitigation, the law still required the trial court to consider it before imposing a sentence. The desire to not inconvenience the victim’s family did not outweigh the defendant’s statutory rights, the Court of Special Appeals concluded, so it ordered a new sentencing hearing.

Sentencing Rights and Defense Preparation in Maryland Criminal Cases

The case moves into the sentencing phase after a guilty verdict is reached in a criminal trial. This stage is as important as the trial, as it determines the defendant’s penalties. In Maryland, the judge presiding over the case is responsible for deciding the sentence, but a fair process must inform this decision. The law requires that the defendant be allowed to present mitigating information, which may influence the outcome.

Mitigating information can include a wide range of evidence. Some defendants provide psychological evaluations, school or employment records, or letters from family and community members. Others may choose to make a personal statement in court. These materials help provide context, showing the court more about the individual behind the conviction. If a judge fails to allow enough time for a defendant to gather and present this material, the sentence could be challenged on appeal.

Why Time Matters When Preparing for Sentencing

Although some sentencing hearings happen immediately after a guilty verdict, Maryland courts recognize that adequate time is often necessary. Defense attorneys may need to arrange expert evaluations, obtain updated records, or contact individuals who can offer meaningful statements. If a court refuses a reasonable request for more time, it may deny the defendant a fair opportunity to present a complete case for leniency.

Judges are expected to balance the needs of victims and the rights of the convicted. While the presence of victims in court is essential, it cannot override a defendant’s legal protections. Maryland appellate courts have emphasized that inconvenience is not a valid reason to rush sentencing, especially when critical evidence is pending.

Legal Support During the Sentencing Phase

Our legal team assists clients in preparing for sentencing with the same level of care applied during trial. We help obtain updated mental health assessments, gather school or employment history, and work with community members to submit supportive letters. We also prepare clients to speak in court, ensuring they understand how to express themselves effectively and respectfully.

This preparation aims to give the court a complete view of the defendant’s circumstances. Judges often consider these submissions seriously, particularly in cases involving first-time offenders, individuals with diagnosed mental health conditions, or those who show remorse and a desire for change.

Sentencing Advocacy for Clients in Waldorf and Beyond

A sentencing hearing is more than a final step—it is a critical opportunity to shape the future. We support clients in Waldorf and throughout Maryland by presenting strong, well-documented arguments for fair treatment. This phase is about delivering the whole story, not just the verdict.

If you or someone close to you is facing sentencing after a criminal conviction, our firm is prepared to advocate for your rights and ensure your voice is heard. We handle every detail carefully so the court receives an accurate picture before deciding what to do next.

Contact La Plata, Maryland, Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.