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.