Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What happens in a sentencing hearing? The case specifically…

What happens in a sentencing...
What happens in a sentencing hearing? The case specifically I'm wondering about is a sexual battery case, but maybe all sentencing hearings progress the same way.
Do the attorneys speak, then the defendant, then the victim (or their families), and then the judge renders a sentencing verdict?In my mind, that's what happens. I was just wondering if that's correct.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 19 minutes by:
11/30/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,818
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Ask Your Own Criminal Law Question

Good evening,

You've basically got the idea exactly. Sentencing hearings take place in open court, just as trials do. Normally, prior to the hearing itself, a pre-sentencing report with recommendations has been done, which the judge has, and will have reviewed. The district attorney, defendant, and defense counsel will all be present. The structure of the hearing is somewhat similar to a trial, with the state addressing the court first. The district attorney will speak directly to the judge, pointing out evidence from the trial/case and sentencing report to argue for a sentence the state deems appropriate. Next, defense counsel will address the court directly, pointing to his own evidence that supports the defendant’s proposed sentence.

Next, in cases in which there was a victim, like in a sexual battery, either the victim or the victim’s family will have the opportunity to make statements to the court. Sometimes, the victim will not be there in person but will have submitted a letter that the judge will read. Finally, the defendant will be allowed the last word for her- or himself. This may be the first and only time a defendant speaks in open court. After the defendant has spoken, the judge will announce the sentence. This is generally done directly following the presentations or after a very short recess

RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,818
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
This was such a great and thorough response! Thank you SO much. You answered all my questions in detail. Much appreciated.
Was this answer helpful?
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,818
14,818 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

14,818 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
What is the procedure of making a controlled buy of meth
what is the procedure of making a controlled buy of meth ,what kind of evidence is needed to make a case the police have no audio, no visual just the informants word against mine what is the meaning o… read more
4ren6
4ren6
Retired
2,906 satisfied customers
WHAT ARE some things i can say to a judge for my dui to get
WHAT ARE some things i can say to a judge for my dui to get a less sentence… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,835 satisfied customers
How do we clear up a failure to appear while already in custody
My friend Bob is serving a 9 mo sentence in a Colorado county jail. He is also on trial in a 2nd county in CO. Bob's public defender was given the details of his sent within 1week of sentencing so he … read more
amicuscuriae70
amicuscuriae70
LLM Professor Law
Master's Degree
50 satisfied customers
I am going to have a jury trial in a civil district court.
Hello!I am going to have a jury trial in a civil district court. What is the ratio for me to win?I know it's different from criminal, where you must convince all 12 jurors to win.Thank you!… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A criminal trial has ended. All post trial methods of relief
A criminal trial has ended. All post trial methods of relief have bee exhausted, coram nobis, habeas corpus etc.What might be the most effective way to bring a collateral action to declare an indictme… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a sentence be reversed by an asst da if the judge has
can a sentence be reversed by an asst da if the judge has already signed the order in texas … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
What does it mean when a judge sets your case for trial..
What does it mean when a judge sets your case for trial.. Because he wont give you another reset … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Can you tell me what a hardend sentence is? He got sentenced
My husband was sentenced to 8 years on his first violent charge the deputys and the other immates thinks he was sentenced wrong and for to long… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Question: Sentenced to probation, sentencing guidelines for
Question: Sentenced to probation, sentencing guidelines for base offense level were 0-6 months. Is this considered a federal felony?Details: 1. A guilty plea to one count of "Illegal Importation of Co… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Situation -- jury trial, they return with a guilty verdict.
Situation -- jury trial, they return with a guilty verdict. Defendant absconds just before sentencing. 16 years later the defendant wants to go back and ask for a re-trial. Is there a possibility or h… read more
Bill Attorney
Bill Attorney
law
2,239 satisfied customers
If a defendant is indicted and asks for a speedy trial.
If a defendant is indicted and asks for a speedy trial … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
227 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,702 satisfied customers
What is the penalty for oas in Maine Court penalties. jail
What is the penalty for oas in Maine? Court penalties. jail time. I have 3 convictions. I had one case thrown out, but they took away the additional monetary fine but missed the jail time. it was supp… read more
DPerezLaw
DPerezLaw
Attorney
Doctoral Degree
42 satisfied customers
How to get out of drug court?
Is there a way to get out of Drug Court?… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
what is a TAHL waiver My son left the courthouse after pleading
what is a TAHL waiver? My son left the courthouse after pleading guilty to a dui,not on purpose but was not instructed by the judge,at least we did not hear him.He has abench warrant at 10000.00 until… read more
Jim Reilly
Jim Reilly
Private Practice Attorney
Juris Doctor
1,759 satisfied customers
My daughter has been denied house arrest, instead of Jail time
My daughter has been denied house arrest, instead of Jail time for 30 days, beause of the crime and that she is living at the same residence. She has a job with the County, and has a 12 year old son, … read more
JD
JD
Doctoral Degree
1,328 satisfied customers
Hello.. my boyfriend got arrested last night for marijuana
Hello.. my boyfriend got arrested last night for marijuana possession for the second time..the first time he went to jail and we bailed him out for 2000$ and that was 8 months ago...and last night he … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,835 satisfied customers
how can I get my Son out of prison
He is serving 8 years for sexual assult with a 15 year old girl… read more
JD
JD
Doctoral Degree
1,328 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x