Legal Question in Criminal Law in Minnesota

MN Victim Impact Statement

I have accepted a plea offer whereas I will be pleading guilty to 3rd Degree Assault. I will receive a Stay of Imposition and I will serve 90 days in jail (less good time and 4 days for time already served). My plea hearing is this Friday and that will be followed by a PSI. My understanding is that there would then be a sentencing hearing in about a month from now.

The prosecutor has already informed the victim about the plea offer that I have accepted. The victim is extremely upset with the disposition as they believe I should do much more time in jail. Can you tell me, as to a Victim Impact Statement per 611A.037, 611A.038 and/or 631.20, can the victim make their statement at my plea hearing this Friday or is that something that they will not be able to do until my sentencing hearing? Thank you.


Asked on 1/21/09, 10:35 pm

3 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: MN Victim Impact Statement

The victim is allowed to make their statement at the sentencing hearing. They may do so in person or through a written letter.

The Judge can accept or reject the plea agreement at any time prior to imposing the sentence.

For Minnesota answers visit criminal-law.tv

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Answered on 1/22/09, 12:03 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: MN Victim Impact Statement

The victim is allowed to make their statement at the sentencing hearing. They may do so in person or through a written letter.

The Judge can accept or reject the plea agreement at any time prior to imposing the sentence.

For Minnesota answers visit criminal-law.tv

Read more
Answered on 1/22/09, 12:03 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: MN Victim Impact Statement

Normally it is done at the sentencing hearing.

FFI: http://www.liberty-lawyer.com

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Answered on 1/27/09, 10:19 am


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