Defendant's statement before sentencing.

Asked 11 months ago - 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)

  1. Greg Thomas Hill

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . 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.

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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