Franklin Hearing – Tough Case for Silence at Sentencing

Our office gets one or two calls per week about Franklin Hearings and it seems as if many believe it is a resentencing hearing available for anyone who was convicted for a crime that allegedly took place when defendant was under age 26. We must tell the person that a Franklin Hearing is only a hearing to add to the court record for purposes of the defendant’s next parole hearing. A Franklin Hearing, moreover, is usually not a hearing in open court where family members get to see defendant and talk on his behalf. It is usually held in chambers. Lastly, if counsel for defendant was given an opportunity at sentencing to present mitigating evidence related to defendant’s youth, upbringing, immaturity or lack of intellectual development, a Franklin Hearing is not a second chance for this, as the link to the following case summary sadly explains.


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