Legal Definitions - Fatico hearing

A Fatico hearing is a specific type of court proceeding that occurs in criminal cases after a defendant has been found guilty but before the judge imposes the final sentence. Its purpose is to allow both the prosecution and the defense to present additional evidence and arguments to the judge regarding factual matters that were not fully established during the trial but are crucial for determining the appropriate sentence. This ensures the judge has a complete understanding of all relevant circumstances before deciding on the punishment.

Here are some examples of when a Fatico hearing might take place:

• Determining the Defendant's Role in a Conspiracy:

  Imagine a defendant is convicted of participating in a large-scale drug trafficking conspiracy. While their guilt in the conspiracy is established, the extent of their involvement – whether they were a minor player or a significant leader – was not definitively proven during the main trial. A Fatico hearing would allow the prosecution to present evidence, such as intercepted communications or testimony from co-conspirators, suggesting the defendant held a leadership role. Conversely, the defense could present evidence, like employment records or character witnesses, to argue for a lesser role. The judge would then consider this evidence to determine the defendant's actual level of responsibility, which directly impacts the sentencing guidelines.

• Establishing the Extent of Financial Loss in Fraud Cases:

  Consider a scenario where a defendant pleads guilty to a charge of financial fraud. The plea agreement acknowledges the fraud, but there is a significant dispute between the prosecution and the defense regarding the total financial loss suffered by the victims. The sentencing guidelines are heavily influenced by the amount of loss. In a Fatico hearing, the prosecution could present expert accounting testimony and detailed financial records to demonstrate a higher loss figure. The defense might present their own expert analysis or victim statements to argue for a lower amount. The judge would then weigh this evidence to establish the precise financial impact, which is a critical factor in calculating the appropriate sentence.

• Presenting Mitigating Circumstances Not Fully Explored at Trial:

  Suppose a defendant is convicted of assault. During the trial, the focus was on proving the elements of the crime. However, the defense believes there are significant mitigating factors, such as the defendant's previously undiagnosed severe mental health condition or a history of extreme provocation, that were not fully explored but should influence the sentence. A Fatico hearing would provide an opportunity for the defense to present expert psychological evaluations, medical records, or witness testimony to illustrate these mitigating circumstances. The prosecution might present counter-evidence or arguments. The judge would consider this new information to determine if a reduced sentence, alternative sentencing (like mandatory treatment), or a different approach to punishment is warranted based on these additional facts.