Kentucky Judgment of Conviction and Sentence
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FAQ
So, at a Judgment and Sentencing, a defendant would usually go first. A defense attorney will tell the Judge some arguments why an appropriate sentence in favorite of the defendant should be made. Then the prosecution will present their arguments.
If court case sentences are for imprisonment, defendants are taken into custody to wait for their transportation to prison.
The Sentencing Hearing Before imposing sentence, a judge must consider both the severity of the current conviction and the defendant's prior criminal record. A wide variety of other information may be considered, as well. In a case that involves a victim, the judge may consider how the crime has affected the victim.
A few months after the defendant is found guilty, they return to court to be sentenced. The judge receives guidance and assistance from several sources in order to sentence a defendant. Congress has established minimum and maximum punishments for many crimes which the judge uses to craft a sentence.
In the judgment of conviction, the court must set forth the plea, the jury verdict or the court's findings, the adjudication, and the sentence. If the defendant is found not guilty or is otherwise entitled to be discharged, the court must so order. The judge must sign the judgment, and the clerk must enter it.
To decide the sentence, the judge considers the facts in the case, the sentencing guidelines, and other sentencing laws. If either side wants, they can argue what sentence a judge should give at a sentencing hearing.
Many crimes carry mandatory minimum sentences under Kentucky law. Examples of criminal offenses that could result in mandatory minimum sentencing for a conviction include, but are not limited to: Violent crimes, including many sex crimes. Some alcohol-related crimes, including DUIs.
501 Ky. Admin. Regs. 0 Sentence Being ServedTime Service Required Before First Review (Minus Jail Credit)1 year, up to but not including 2 years4 months2 years, up to and including 39 years20% of sentence receivedMore than 39 years, up to and including life8 years1 more row