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Defendant's statement before sentencing.

San Jose, CA |

Hasn't the Judge already decided upon the sentence when he enters the courtroom for the sentencing hearing?

Is it possible that the defendant's statement can have any effect on the sentence?

Attorney Answers 2


A defendant's statement can affect his sentence. It can make it worse or better. Before a defendant decides to utter anything at sentencing, he should most certainly ask his attorney if it is advisable. The attorney may have experience with the judge and know how he or she will respond.

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Kevin H. Pate

Kevin H. Pate


Absolutely. A defendant can either aid himself, or harm himself, with his statements.


Yes, it can make a difference. Good luck.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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