Court Process, Plea & Trial

What happens at sentencing and can I speak?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
A hearing where both sides present, victims may be heard, and yes — you have the right to 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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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.