Downward Dispositional Departure
Reducing or eliminating prison time in favor of probation
The evidence against me is strong, and I am facing prison time, what should I do?
In many criminal cases, it is simply not possible to get the case dismissed or to win at trial. If you are facing prison time and cannot beat the case, you may need to argue to the judge that you should not go to prison. This means you will need to request a downward departure from the judge.
What is a downward departure?
The Minnesota Sentencing Guidelines state what sentence a person should receive based on the criminal history score and the offense for which they are charged. A downward departure occurs when the judge sentences a person to a lower sentence than what is recommended under the sentencing guidelines. There are two types of downward departures: durational and dispositional. This article will just explain dispositional departures.
What is a downward dispositional departure?
For some offenses, the sentencing guidelines recommend that a person goes to prison for a certain period if they are convicted of the offense. Prison time is any sentence that results in over one year of incarceration. A downward dispositional departure occurs when the judge sentences someone who could go to prison, to probation instead. Probation allows a person to remain out in the community while being monitored. In some cases, a judge may sentence someone under a downward dispositional departure, and still send them to jail for a shorter period of time, such as 6 months.
How can I get a downward dispositional departure?
The most common way to achieve a downward dispositional departure is to show the judge that you are particularly amendable to probation or treatment. In other words, you must show that unlike most offenders, you can be successful on probation or in a specific treatment center.
How do I show that I am particularly amenable to treatment or probation?
The judge will consider your age, prior record, remorse, cooperation, attitude while in court, and the support of your friends or family. They may also consider if there is a specific treatment program that suits your treatment needs. If you are able to be successful in treatment before being convicted, that can help you get a departure.
The criminal defense attorneys at Sieben & Cotter are experienced and have obtained many downward dispositional departures for clients convicted of assaults, criminal sexual conduct, drug offenses, and more. For a free consultation, call Sieben & Cotter at 651-455-1555, or send a request for more information.