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More than 90 percent of federal criminal convictions arise from a plea deal. Consequently, for almost every convicted defendant, the sole opportunity to address the court and share his or her story comes during the allocution phase at sentencing. Allocution (unlike the guilty plea colloquy) offers a chance to humanize the defendant, yet many defense lawyers may not adequately prepare their clients for this potentially important moment. This article will explore the legal framework relating to allocution as well as some strategies defense counsel should consider at sentencing in white-collar cases.
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