Legal Question in Criminal Law in California
victim impact statement
If the defendant accepts a plea agreement during the readiness hearing. When does the victim get to present his/her impact statement to affect sentencing?
1 Answer from Attorneys
Re: victim impact statement
Depending on whether the underlying offense was a felony or a misdemeanor, the matter should have been set for a sentencing date. Contact the District Attorney's Office or the Court Clerk's Office to find out when the defendant will be sentenced. You will be allowed to read a statement in court at the time of sentencing. If it is a felony case, the probation department will likely submit a presentence investigation report. Submit a copy of your victim impact statement to the probation department directly. You can call the probation dept. and ask to speak to the P.O. who is handling the case. The P.O. will likely want to speak to you anyway. However, if a defendant entered a plea of guilty to a misdemeanor charge it is not unusual for the Judge to sentence that person immediately. If that was the case, then your opportunity to present a victim impact statement has been lost. Contact the District Attorney's Office, ask to speak to the Deputy District Attorney who is handling the case, and inform him/her that you would like to provide a victim impact statement.
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