Suffolk County criminal defense attorney Jason Bassett (https://jbassettlaw.com/when-does-sentencing-occur-if-i-am-found-guilty-or-take-a-plea-offer/) is shedding light on what individuals can expect after being found guilty or accepting a plea agreement. At the Law Offices of Jason Bassett, P.C., Jason Bassett outlines the legal procedures that follow a conviction or plea, offering detailed insight into how sentencing decisions are made in New York courts.
When a defendant is convicted or accepts a plea, the legal process moves beyond the courtroom. According to Suffolk County criminal defense attorney Jason Bassett, the next step typically involves an interview conducted by the Department of Probation or, in federal cases, the U.S. Probation Office. This interview results in a pre-sentence report, which provides the judge with critical information about the defendant’s background, the nature of the offense, and the impact on any victims.
This report plays a major role in the judge’s decision-making process. Suffolk County criminal defense attorney Jason Bassett emphasizes the importance of maintaining good behavior during the time between entering a plea and attending the sentencing hearing. “Keep your slate clean from the day you entered that plea until the moment you stand before the judge again,” stated Bassett in the article. A new offense during this period can nullify the terms of a plea agreement and expose the defendant to the maximum penalty allowed by law.
On sentencing day, the judge reviews the pre-sentence report and listens to arguments from both the prosecution and the defense. The prosecutor typically presents the state’s recommendation first, followed by the defense attorney’s response. Suffolk County criminal defense attorney Jason Bassett notes that in less serious cases, sentencing may take place immediately following the plea. In more serious matters, sentencing is usually scheduled several weeks later to allow time for the full pre-sentence report to be prepared and reviewed.
In cases resulting in incarceration, individuals are often taken into custody immediately following sentencing. However, when the sentence involves probation or treatment programs, arrangements must be made with supervising authorities to fulfill the terms set by the court. Suffolk County criminal defense attorney Jason Bassett underscores that probation is not a passive process. Probation officers determine how closely to monitor a defendant based on early conduct. Fulfilling appointments, avoiding violations, and showing a commitment to rehabilitation can lead to reduced supervision or even early termination of probation.
Judges rely heavily on the pre-sentence investigation report, which includes details such as criminal history, employment background, and circumstances surrounding the offense. This document helps the court determine whether a sentence of incarceration, probation, or participation in an alternative program is most appropriate. Suffolk County criminal defense attorney Jason Bassett points to programs like New York’s Judicial Diversion Program and the Shock Incarceration Program, as well as the federal RDAP Program, which can shorten sentences for eligible non-violent offenders with substance abuse issues.
For individuals sentenced to probation, early actions influence how the probation period unfolds. By consistently complying with rules—such as attending appointments, passing drug tests, and observing curfews—defendants can ease the burden of supervision. According to Suffolk County criminal defense attorney Jason Bassett, those who demonstrate responsibility may go from weekly check-ins to monthly phone calls and may even be granted early release from probation. On the other hand, early missteps can result in stricter monitoring or a return to court for re-sentencing.
Post-sentencing rights remain critical for individuals seeking to challenge or adjust their outcomes. Jason Bassett outlines several available legal paths, including appeals, motions under Criminal Procedure Law § 440.20, and applications for clemency. Appeals must be filed within thirty days of the sentencing order and can challenge procedural errors, the severity of the sentence, or the weight of evidence presented. Additional options include presenting new evidence of rehabilitation or medical hardship in support of sentence reduction or early release.
Other post-sentencing rights include applying for record sealing, obtaining certificates of relief from disabilities, and restoring voting rights—automatic upon release in New York. Suffolk County criminal defense attorney Jason Bassett encourages individuals to understand and exercise these rights to protect long-term freedom and opportunities.
Understanding the sentencing process and the steps that follow a conviction or plea can help shape better outcomes. Legal representation from a Suffolk County criminal defense attorney like Jason Bassett ensures that defendants are well-prepared and informed at every stage. The sentencing phase carries long-term consequences, and strategic legal advocacy can influence how those consequences unfold.
For anyone facing sentencing or navigating post-conviction legal issues, timely legal support is essential. Jason Bassett and the Law Offices of Jason Bassett, P.C. are committed to standing with clients during this pivotal time and offering informed guidance based on extensive courtroom experience.
About Law Offices of Jason Bassett, P.C.:
The Law Offices of Jason Bassett, P.C. represents individuals facing criminal charges in Suffolk County and across New York. Led by Jason Bassett, a former Assistant District Attorney and Special Assistant Attorney General, the firm handles state and federal cases involving a wide range of offenses. The legal team is committed to protecting constitutional rights and providing strong legal defense from arrest through post-sentencing advocacy.
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