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FAQ
- How and when is sentencing determined?
The
judge presiding over the case sentences a defendant who has been found
guilty or has pleaded guilty. Using state guidelines, (sentences
are expressed in terms of minimums, maximums, and other options), the judge
sentences the defendant in a manner appropriate to the crime and other
circumstances related to the case. The defendant may be sentenced
to jail or placed on probation or ordered to make restitution or ordered
to pay court costs and/or a fine. Before making his decision, however,
the judge will usually have the opportunity to review a pre-sentence report
which is an evaluation of the defendant prepared for the sentencing judge
by the probation department. It contains a recommendation as to probation
or incarceration and is an important factor in the judge’s decision.
You may be contacted by a pre-sentence investigator for information in
preparing the report. You also have a chance to present either written
or oral victim impact statement at sentencing. The statements can
relate only to the facts of the case and an personal injuries or financial
loss incurred by the victim. A member of the immediate family of
the victim may appear personally or by a person of their choosing to making
a statement if the victim is otherwise unable, for any reasons, to appear
as a result of the offense committed by the defendant.
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