Any sentencing guideline structure b Deferred sentence judgment without a

Any sentencing guideline structure b deferred

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a. Any sentencing guideline structure; b. Deferred sentence, judgment without a finding, and diversionary programs; c. Expungement and sealing of records; d. Probation or suspension of sentence and permissible conditions of probation; e. Restitution; f. Fines; g. Court costs; h. Imprisonment including any mandatory minimum; i. Confinement in a mental hospital or institution; j. Forfeiture. 2. Counsel should be familiar with direct and collateral consequences of the sentence and judgment, including: a. Credit for pretrial incarceration or detention; b. Parole eligibility and applicable parole release ranges; c. Effect of good- time credits on the client’s release date and how those credits are earned and calculated; d. Place of confinement and level of security and classification; e. Self-surrender to place of custody; f. Eligibility for correctional programs and furloughs; g. Available drug rehabilitation programs, psychiatric treatment, and health care; h. Deportation; i. Use of the conviction for sentence enhancement in future proceedings;
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34 j. Loss of civil rights; k. Impact of a fine or restitution and any resulting civil liability; l. Restriction on or loss of license. 3. Counsel should be familiar with the sentencing procedures, including: a. The effect that plea negotiations may have upon the sentencing discretion of the court; b. The procedural operation of any sentencing guideline system; c. The effect of a judicial recommendation against deportation; d. T he practices of the officials who prepare the presentence report and the defendant’s rights in that process; e. The access to the presentence report by counsel and the defendant; f. T he prosecution’s practice in preparing a memorandum on punishment; g. The use of a sentencing memorandum by the defense; h. The opportunity to challenge information presented to the court for sentencing purposes; i. The availability of an evidentiary hearing to challenge information and the applicable rules of evidence and burdens of proof at such a hearing; j. The participation that victims and prosecution or defense witnesses may have in the sentencing proceedings. C. Preparation for Sentencing In preparing for sentencing, counsel should consider the need to: 1. Inform the client of the applicable sentencing requirements, options, and alternatives, and the likely and possible consequences of the sentencing alternatives; 2. Maintain regular contact with the client prior to the sentencing hearing, and inform the client of the steps being taken in preparation for sentencing; 3. Obtain from the client relevant information concerning such subjects as: a. His or her background and personal history;
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35 b. Prior criminal record; c. Employment history and skills; d. Education; e. Medical history and condition; f. Financial status; g. Family obligations and dependents 4. Prepare the client to be interviewed by the official preparing the presentence report; 5. Inform the client of the effects that admissions and other statement to the probation
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