To all our current and prospective clients: In light of the National Emergency, our office will still be operational from either our office or remotely depending on the status of events. Either way, we still answer all of our calls directly 24/7. The best way to get a hold of us would be through our office number (951) 686-4818 or email (kia@kialaw.com). Our day-to-day operations depend on the safety of our staff and the courts being open for business. Feel free to reach out to us to inquire about your case or discuss any new cases with Mr. Feyzjou at the number above. Stay safe and we remain hopeful that this too shall pass with everyone’s health and safety in mind.

The Functions of a Trial Judge in Punishment

The Functions of A Trial Judge in Punishment

A judge performs functions to ensure that a criminal defendant receives a fair trial. However, in the event that the jury returns a verdict against the Defendant, these are the issues that the Judge will deal with:

First, a Judge has the discretion to make sentencing choices. This means that under the Determinate Sentencing Law, the judge has the power to select a high, middle or low term of imprisonment. The Judge can impose sentence, suspend the sentence, or even sentence in alternative formats like community service or county jail.

Second, a Judge has the power to impose a sentence for a misdemeanor and determine the punishment in the county jail for a particular amount of time, impose a fine in a fixed amount or both by fine and confinement.

Third, where the crime can be punished as a felony or misdemeanor, the judge has the power to reduce the charge pursuant to Penal Code 17(b)(4) to a misdemeanor.

Fourth, when a Defendant is charged with more than one offense, the judge determines whether the sentence shall run concurrently or consecutively.

Fifth, a Judge can grant probation and dismiss the charges after completion of the conditions of probation.

Finally, if permitted by law, a judge may change the minimum penalties and eligibility of the Defendant for parole by dismissing a charge of a prior conviction.

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