How unsurprising that this sloppy research - or sloppy story, I can't really say which - has generated a wave of badmouthing of criminal defense attorneys. Too bad the basis for it doesn't exist here. Here's why...

Contrary to what the study found, as reported, the Maryland Sentencing Guidelines Worksheet is filled out and signed by the prosecutor and then presented to the judge for countersigning. The defense attorney does not sign this form, and rarely even gets a chance to see it before it has been signed by the prosecutor and the judge. It is only then that a defense attorney like me might get handed the designated defense copy, although more often than not I have to chase mine down. Of course, the defense copy is the worst: it is the last sheet in a 6-sheet multiple-copy form, so unless a prosecutor extends the professional courtesy of writing with a ballpoint pen and pressing hard, the defense copy is frequently illegible. This means I must now bug the court clerk or the judge for permission to see one of their copies, and to photocopy same if I want a copy for my case file.

Personally, I make a practice of securing the guidelines worksheet and reviewing it. If the data is inconsistent with my own earlier calculations of the sentencing guidelines, in a manner adverse to my client's interest, I doublecheck my own calculations and then make sure that the State (and the Judge) produces and distributes a corrected worksheet. I consider this to be vital for two reasons: (1) as reported, the worksheet comes into play again to some extent if there is a parole consideration - how much I really don't know, but a copy does go to the Department of Parole and Probation so I don't doubt it has some impact somewhere; but more often & more importantly (2) the worksheet comes into play again at probation revocation (aka violation of probation, or VOP)hearings, when judges typically consult their original sentencing guidelines worksheets to see what the theoretical real sentencing range should be... obviously, if a judge's worksheet erroneously says the sentence range should have been 7-to-14 years instead of the correct 5-to-10 years, that could and probably does impact a lot of judges when they are terminating probations and imposing sentences. [Of course, the VOP attorney can check the worksheet and recalculate the guidelines, but the time to get it done right should be the first time it's done, not the next time it's used! And inmates don't have attorneys helping them at initial parole release hearings in Maryland, only at parole revocation or retake hearings.]

I say "theoretical real sentencing range" because the theory is that the guidelines reflect what the typical judge in Maryland is imposing as a sentence, with an eye to requiring real judges to sentence real defendants to prison terms within the guidelines range, whether the offense occurs in Baltimore City or PG County, or in more conservative communities like Allegany, Queen Anne's or Worcester Counties. If that were actually happening, the sentencing guidelines themselves would evolve more regularly to reflect actual practices. Instead, the cart has been placed in front of the horse: the guidelines have some effect of pressuring judges to sentence within certain ranges because the guidelines say that's what everyone else is doing, whether that's true or not. The rare adjustments to the guidelines tend to be made in response to the passage of new laws, which then get assigned severity factors and thus generate sentencing guidelines even before anyone has ever been sentenced for violating them. Unless there are mandatory aspects to sentences, Maryland judges still have total discretion to impose fair and appropriate sentences, whether they are above, below or within the alleged guidelines.

In closing, let me note that most prosecutors inform most defense attorneys of their initial sentencing guideline calculations as early in the criminal prosecution process as possible, typically at the arraignment stage when the defendant is presented with the charging document and a plea offer. Right then, if not already done, a defense attorney would calculate the sentencing guidelines on his/her own, and would point out adverse errors to the court and prosecutor as part of any initial plea discussion, and to correct any such misimpressions in opposing counsel's mind. Defense attorneys can then only hope, and later doublecheck, that sentencing guidelines worksheets - filled out by prosecutors and signed by judges - are correct, and take corrective action if they're not.

P.S. - MacAdvisor, I encourage you to come up with a fallback life goal: you are extreeeeeeeemely unlikly to ever be licensed to practice law in Maryland with 3 felony convictions already on your record. Stand-up comedy might be worth a shot, though !! :>)))