If the court departs from the guidelines, it MUST explain the reasons for the deviation on the record. The common pleas judge that sentences you may deviate from the guidelines. However, the sentencing guidelines are NOT binding on Pennsylvania judges.
#In accordance with sentences trial#
The Pennsylvania Commission on Sentencing has promulgated sentencing guidelines as a guide for Pennsylvania trial judges to follow. **For example, if an offender is convicted of a Felony 3rd degree, the judge may not fashion a sentence of probation or incarceration that exceeds 7 years in length or $15,000 in fines. In the right hand column, the number of years indicates the maximum length of the sentence, and the dollar value indicates the maximum fine a judge may impose. The following chart outlines the maximum sentences available to Pennsylvania judges. Another restraint on the trial judge is that he may not sentence an offender beyond the maximum penalty provided by law. If the offender is convicted, and the District Attorney’s office enforces the mandatory, the judge may not give the offender any less than 2 years jail time. For example, the mandatory sentence for selling drugs in a school zone is 2 years jail. If the crime carries a mandatory sentence, by law, the court has to follow the mandatory sentence if the District Attorney’s Office enforces it.
However, there are some restraints on the court. These are a few examples of the sentencing alternatives at the disposal of the trial judge. A judge may order you to perform community service, stay away from the victim, pay restitution to the victim, or enroll in a drug and alcohol treatment program. For instance, the judge may order you to serve probation, electronic home monitoring (house arrest), jail time or pay fines. The trial judge has broad discretion when it comes to sentencing, and has a wide array of sentencing alternatives available. In Pennsylvania, once you are convicted of a crime or plead guilty to a crime, it is the trial judge’s obligation to sentence you in accordance with the law.
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