CHENANGO COUNTY – Judge Frank B. Revoir, Jr. discussed the sentencing process for sex offender cases.
“Regardless of the public sentiment about how sex offenders should be treated and sentenced,” said Revoir, “as a judge, by law, I am obligated to treat sex offense crimes just like other crimes.”
Revoir said he does not have full say or total freedom to decide the sentence of a defendant unless the defendant goes to trial and is found guilty by jury, or the defendant is on probation, violates the conditions of probation and must be re-sentenced.
“[In those cases] it is my decision and my decision alone. It's under very limited circumstances that the court or the judge has the discretion to sentence the defendant,” said Revoir. “Typically plea bargains are negotiated by the District Attorney's Office and the defendant and his attorney, and in the context of negotiating a disposition, the attorneys will typically discuss the strengths and weaknesses of their cases.”
“With the aid of comprehensive reports about the defendant ... his family background, criminal background, social background, educational background and the particular details of the defense, they attempt to negotiate a disposition that fits the appropriate circumstances,” he added.