What happens at sentencing and can I speak?
Sentencing follows a plea or a conviction, sometimes immediately, more often at a scheduled hearing weeks later.
What happens. The scoresheet is presented and, if there are objections, resolved. The State presents its position and may call witnesses. Any victim has the right to be heard. The defense presents mitigation — witnesses, letters, records of treatment or employment, and evidence supporting any departure sought.
Then you have the right of allocution — to speak directly to the court before sentence is imposed.
How to use it. Briefly, sincerely, and without relitigating the case. Judges respond to acknowledgment of impact, to concrete steps already taken, and to specifics about family and employment. They respond poorly to blaming others, to minimizing, and to speeches.
Prepare it in advance with counsel. This is not the moment to improvise, and it's also not a formality — it's the only time the court hears from you directly.
Write it out beforehand and keep it short. This is the one time the judge hears you. ---
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