Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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Posts tagged "State Sentencing"

"Lack of Remorse" Cannot be Used to Aggravate a Sentence Imposed Under the State Sentencing Guidelines

An issue which frequently arises at a criminal sentencing hearing is whether or not the defendant has shown "remorse." It has been our experience that most individuals charged with an offense are, in fact, remorseful. If a person elects to require the State to prove guilt beyond a reasonable doubt at a trial, however, the State often argues the defendant has failed to exhibit the appropriate level of remorse. It then uses the defendant's exercise of the constitutional right to trial as a way to impose a greater sentence if the defendant is convicted. 

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Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
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