How do I, as a victim of a crime, exercise my right to give an impact statement at the defendant's sentencing hearing in California?
As a victim of a crime in California, you have a constitutional right to give an impact statement at the defendant's sentencing hearing. To exercise this right, you must actively communicate with the prosecutor and the probation department.
Here is how to give your victim impact statement:
Step 1: Contact the Prosecutor's Office
Immediately contact the District Attorney’s office handling the case. Ask to be connected with the Victim-Witness Assistance Program. Inform them you are the victim and want to make an impact statement at sentencing. Obtain the case number, the prosecutor's name, and the contact information for the county Probation Department.
Step 2: Prepare Your Statement
Decide if you want to speak in person, submit a written statement, or both. Your statement should describe how the crime has impacted you and your family physically, emotionally, and financially. You can write it down to read aloud to ensure you cover all your points.
Step 3: Submit a Written Statement to the Probation Department
You must provide a copy of your statement to the county's Probation Department. They will include it in the official pre-sentencing report given to the judge. Ask the prosecutor for the probation officer’s name and the deadline for submission, which is typically several weeks before the sentencing date.
Step 4: Confirm the Sentencing Hearing Details
A week before the scheduled sentencing, call the prosecutor’s office to confirm the date, time, and location. Court dates often change. Reiterate that you plan to attend and speak in person so the prosecutor can inform the judge.
Important considerations:
Under California's Marsy's Law, you have the right "to be heard, upon request, at any proceeding...involving a post-arrest release decision, plea, sentencing..." If you are unable or do not wish to speak, you may have a family member, a representative, or the prosecutor read your statement on your behalf. You should address your statement to the judge, not the defendant.
Note:
The judge is required to consider your statement but has the final authority on the defendant's sentence. Your statement will become part of the public court record, and the defendant and their attorney will have access to it.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Criminal Law
Criminal charges, court procedures, and defendant rights
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