When a 78-year-old woman went to her sentencing hearing, she probably expected the judge to honor the agreement her attorney and the district attorney had reached. However, this was not the way her sentencing went. The woman was charged with one count of Careless Driving Resulting in Death and two counts of Careless Driving Resulting in Injury for a fatal collision outside an ice cream store. The woman said the sun glare prevented her from seeing the 3-year-old boy, his sister and his mother, who were crossing the street at the time of the accident. The little boy died in the collision and after months of court appearances, the district attorney and the woman (through her lawyer) came to a plea deal where the woman would avoid jail time, complete 200 hours of community service and take a driving class.
The Victim’s Impact During Sentencing in Larimer County
Even though the DA and the woman reached an agreement, that does not mean things are set in stone.
Even though the DA and the woman reached an agreement, that does not mean things are set in stone. In Larimer, Boulder, and Grand County, during the sentencing hearing, the victim and victim’s family are able to make statements about how they feel about the defendant and how the crime has affected their lives. The family of this little boy placed pictures all around the courtroom and begged the judge to reject the plea. The judge asked the family what they thought an appropriate sentence would be. The family responded with statements about how they never want the woman to be able to drive again and receive the maximum sentence.
Plea Bargains and Considerations Judges Take at Sentencing in Fort Collins
Judges must try to keep a balance of making the victims and the public happy and fair sentencing to the defendant.
Judges in hearing cases originating in Fort Collins, Loveland, and Estes Park, face a serious responsibility. They must try to keep a balance of making the victims and the public happy and sentencing fairly to the defendant. Most times when serious injury or death occurs, the victims and their family want the harshest punishment available. However, judges know that incarceration is not always the best option, and needlessly filling up prisons and jails with people who do not need to be confined is a drain on the state. For this case, the judge weighed the victims’ statements heavily, as she decided to harshen the punishment. The judge ended up sentencing the woman to one day in jail, 30 days of home confinement, and 200 hours of community service, requiring her to work with special needs children. She will also have to complete a driving course. It is important to note in most cases, if the plea is stipulated and the judge won’t follow this stipulation, the defendant can withdraw their plea.