My ex accepted a plea bargain and has a sentencing hearing in a couple of days.will the prosecution present evidence at this hearing? I am in Washington state.
This has nothing to do with Appeals -- please post under criminal law
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
DUI / DWI Attorney
No, no evidence will be presented. Your ex and his lawyer will have chance to speak, usually to convince the judge why he should go along with the agreed sentencing reccomendation, but that is the extent of information presented to the court.
General Practice Lawyer
The only "evidence" presented will be the victim's, parent's, your or other interested parties' comments to the judge about how they were effected by of the crime, why mercy should be shwon or not, and what they feel his sentence should be. The real evidence" was presnted during trial which appparently was enough to convict him. I would speak if I were you, asking the judge to consider any mitigating factors (he was abused as a child, had no dad or mom, was in foster care, or got into drugs/alcohol for which he recxeived no treatment, had some brain injury rendering him not incompetent but perhaps not the " brightest bulb o n the block," etc. Bring any kids you may have to obtain symopathy. I'm sure they miss Dad and will be crying. Sometimes the young ones blurt out , "I love you daddy!" right in the middle of the proceedings; everyone chuckles and it lightens things up. wish him and you, too, the best of luck.
This information does not create an attorney-client relationship nor does it constitute legal advice. This attorney expects you to evaluate this information and independently decide how to proceed, including consulting another attorney who practices in the county in question.
He already plead guilty so there will be no evidence presented to the court unless it is just the state or defense stating information pertaining to the sentencing issues. Criminal history, mitigating factors, job issues, family or health issues of the defendant etc. No evidence of the crime itself will be presented because he already plead guilty to the crime.
No. It's not a trial. Oral? Yes, possibly. Oral evidence of hearsay might be uttered, but since the word "Evidence" is such a loaded term, the answer to your question is NO. Perhaps, evidence to argue for your leniency, or the withdrawal, thereof, but actual evidence for trial? NO.
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