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Office of the District Attorney, Tony Rackauckas, Orange County DA
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Sentencing

  • If a guilty verdict is returned, then the defendant may be sentenced immediately or within a reasonable time thereafter.  The defendant will be ordered by the court to complete the same or similar conditions mentioned above. 
  • Most often, sentences are at the judge’s discretion. Some charges may require a minimum sentence.  To assist the court in determining the appropriate sentence for the defendant, the court may review a pre-sentence report prepared by the Probation Department.  This report is written for all felonies and some misdemeanors.
  • The pre-sentence report summarizes the crime and the defendant’s personal and criminal background.  The victim will be notified of the disposition of the case and asked to provide an impact statement.  The probation officer concludes the report with a recommended sentence.
  • The victim of a crime committed by the defendant has a right to be notified and may also speak at the sentencing hearing to inform the court of the impact the crime had on him or her.
  • If the defendant does not complete his or her terms and conditions of probation, the Probation Department may file a probation violation against the defendant.  The court may then impose additional fines, custody time, or other sanctions on the defendant for violating his or her probation. 
  • After conviction, the victim may have the right, upon request, to be notified of a defendant’s parole hearing, release, escape, work furlough, death, and/or execution.  The victim also has the right to be present and give a statement at the defendant’s parole hearing. 

 

Office of the District Attorney. Main Office: 401 Civic Center Drive, Santa Ana, California 92701
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