For example, a court will not allow a convicted murderer or rapist to remain free until sentencing. A court may, however, allow a nonviolent convict to post a bond and remain free pending sentencing. Sentencing for a felony conviction is usually heard by the court in a separate hearing held several days or weeks after the verdict. At a felony sentencing hearing, the prosecution makes a recommendation of punishment, and the defendant usually argues for leniency. For lesser offenses, such as misdemeanors and violations, sentencing may immediately follow the verdict.
Judges generally have wide discretion to craft individualized sentences within statutory guidelines.
In federal court, however, some convictions, such as drug convictions, call for mandatory minimum sentences. Statutory directives for these convictions remove sentencing from the discretion of the judge. Sentencing can include any combination of community service, forfeiture of property, fines, and incarceration. Courts may also exercise their sentencing discretion and order a term of probation. Under state and federal forfeiture laws, law enforcement authorities are authorized to confiscate property of certain criminal defendants.