Will I Have To Talk In Court At Sentencing?

You will not have to make any statements in Court.  Most times it is better to say nothing than to say the wrong thing.

Experience has shown me that there is no predicting what a client will say to a Judge at sentencing.  However, there are some things your lawyer should prepare you to say.

At the very least the Judge will ask that you answer out loud to be recorded on the record at sentencing.  Every Judge will ask you if your lawyer has explained the following:

Consequences of the potential sentence.  Whether you understand your right that are waived upon entering the plea.

What guilty or no contest means.  That you are entering a plea knowingly, voluntarily, and intelligently.

That you are a citizen of the U.S.  If not, that your sentence could cause deportation.

That you have not been promised anything to enter the plea.  You are not under duress.

The Court will then ask for a brief reading of the facts that constitute the offense.  The Judge will ask your lawyer if there are any comments on the facts.

Then the Judge will ask your lawyer for mitigation.  This is a brief explanation to lessen the severity of the consequences that do not constitute an affirmative defense to the charges.

Finally the Judge will ask you if you wish to make any statements.  None are required.

Lastly, the Judge will give the sentence.  Any experienced lawyer should be prepared to tell you in advance what the likely outcome should be.  however, there are no promises.

And remember, if you or a family member has been arrested for DUI in the Cincinnati Area – including: Hamilton, Butler, Warren, Clermont, Montgomery, and Greene Counties – call me, ROBERT HEALEY, or one of my associates at 513.333.0014.  We are available 24-hours a day, 7 days a week.  Because now is the perfect time to put a team that includes a FORMER POLICE OFFICER and a FORMER PROSECUTOR to work….for you!

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