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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default What to Do if a Judge Won't Consider Mitigating Factors

    A judge, sentencing a first offender for a crime, was offered letters written on the defendant's behalf. The defendant was also prepared to have more than a dozen people speak on his behalf, as for why he should be given another chance. The judge refused to let the letters be read in court, or to let the character witnesses speak, and stated that the facts of the crime warranted a serious sentence. He then sentenced the man to ten years in prison. Is that a basis for appeal, in Ohio?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: What to Do if a Judge Won't Consider Mitigating Factors

    The defendant can appeal the sentence on a number of potential grounds, best discussed with his lawyer. However, there is no broad right to present witnesses at a sentencing hearing or to have letters read into the record, nor is there any reason why a court could not deem any such letters or witness statements irrelevant to the defendant's sentence.

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