Could anyone please explain to me what all of the presentencing is all about?

I have heard through the grape vine that if our family stands strong we could get the chance of my husband not going to jail but having to go through treatment at home with restrictions put in place.

I also know we are suppose to do victim impact statements as well and were worried that my husbands ex wife will try and some how get involved with this when she was never a victim in it at all but she wants him locked up for life and the key tossed away. Very angry ex wife that has never moved on with her life.

Any how very curious about what this presentencing is all about and would love to know what it details.

Cheers!

I Hope All Turns Out Ok For You And Yours

Hi MrsLynne - I'm awaiting sentencing on Jan. 12 and have been through the presentence stuff so hopefully I can answer your questions. I pled quilty to 2 charges and my lawyer is trying to make the best deal he can for me with the prosecutor. Part of that is getting a presentence report to show whether or not you're a "menace to society" and likely to reoffend. For me it consisted of an interview with a person from probation that lasted just over an hour. She asked questions about everything from my earliest memory as a child, growing up, education, marriages, employment, your understanding of the offences and how you feel about what you did. The woman I saw made me feel very comfortable and handed me the kleenex as necessary. The next stop for me was an interview with a forensic psychiatrist who does work both for the defence and the prosecution. It cost me a LOT of money but in my case was probably the best money I could have spent. He fired off questions so fast the answers basically had to be blurted out without thought. He covered the same areas as the probation person but more about how I got myself to this point, my feelings, and my plans for the future and staying out of trouble. At the end of it all he told me he would be able to write a very good report for me that would strengthen my lawyers position on house arrest.

I have also got some letters of support from family and friends. They basically need to say the relationship of the person to you, how long they have known you, that they are aware of the charges, and their reaction to it, and what they know about your character. They must be hand signed and have their name and address on them. Keep a copy for yourself just in case they get lost! These letters should go to your lawyer to be presented to the prosecuter and the judge.

As for the victim's impact statement, it is my understanding that if she was not part of the offence she will have no right to write one. And while the impact statement is taken into consideration it has no bearing on sentence - the judge is the one to decide that! The victim can't ask for a sentence - all they can do is explain to the court how the offence has affected them.

If you have any more questions, or if I can help you in any way at all, please just ask! It's a very bewildering time to say the least!
Good luck!
Sue