Q: How and when is sentencing determined?

A defendant who has been found guilty or who has pled guilty will be sentenced by the same judge who took his plea or presided over his trial. Using state statutes as guidelines, the judge will sentence the defendant to whatever punishment the court feels is appropriate. The judge takes into account the seriousness of the offense, any prior record of the defendant, plus the defendant’s educational and employment background. The judge tries to make the punishment fit both the crime and the defendant. If the judge places the defendant on probation, restitution to the victim can be ordered as a condition of that probation.

Prior to the judge actually deciding the sentence, a victim has a right to inform the judge about the impact the crime has had upon the victim, both emotionally and financially. This information can be presented to the judge in writing in a Victim Impact Statement. A victim may also address the judge in open court during the sentencing.

If a victim wants to address the judge in open court, please let the prosecutor handling the case know in advance so the prosecutor can make sure the judge knows the victim wants to say something.