Criminal Law Questions? Ask a Criminal Lawyer.
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Good afternoon. I certainly understand your question and the concern for your son. As a result of him being found guilty at trial, the sentence imposed it at the discretion of the Judge. The Judge will ask the prosecutor for their recommendation but he/she has the final say. At this point, there is no discussion with the State about what the sentence should be. What your son did, as far as write the Judge and prosecutor, advising them of his situation, is what he was supposed to do. He wanted to present mitigating factors for the Judge to consider, before imposing sentence. Moreover, when he appears tomorrow, the Judge will certainly let him speak and say what he wants the Judge to consider and know. He should not be punished for going to trial and the Judge is going to base the sentence on the facts presented and heard during trial. As long as the sentence is within the guidelines, there would be nothing illegal if the Judge were to impose a harsh sentence. Seeing how it is his first offense, the BAC was low and he is now in college and lives out of State, the Judge should not look to impose anything unfair or unjust. Of course, in court tomorrow, you can speak on your sons behalf as well, to talk about the person he is and how he has changed since the incident.
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I didn't realize I also have the right to speak to the Judge tomorrow. Do others (i.e. relatives) also have that right?
Since he does live in AZ, would any sentence that was given him "all" take place in AZ? He needs to get back there and I am wondering if the Judge were to say "x" amount jail time, if that would be here or in AZ?
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