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Tag Archives: sentencing

The Art of Sentencing in Florida

As a practicing criminal defense attorney, clients contact me on a regular basis to discuss the possible outcome of their criminal case. More often than not, during conversations with the client, they will inevitable ask whether they should plead guilty or go to trial? The client always has the right in deciding whether to plead guilty or proceed to trial. But this decision by the client as to whether or not to proceed to trial must be made after full advice given by their criminal defense lawyer, as to all the possible circumstances, laws and knowledge of the judge’s sentencing propensities. Does this judge sentence within or outside the guidelines is a very important matter to discuss? What type of criminal sanctions may this judge impose on the criminal defendant… […]

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Florida Sentencing

While many criminal defense attorneys and criminal defendants do not like to think about the “sentencing” proceeding, sentencing is a critical stage of the criminal proceeding. Inevitably in many criminal cases, there will come a time when the accused will be sentenced either after trial or during negotiations of a negotiated plea agreement with the Assistant State Attorney prosecuting the criminal file. How a criminal defendant is prepared for his or her sentencing can make the difference between probation and incarceration or between a withhold of adjudication and being a convicted felon for the remainder of one’s life. Prepare for the worst, so the best outcome may be pronounced by the sitting judge, as your liberty depends on it-Andrew D. Stine. Sentencing in Florida is a critical stage in the… […]

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Florida Criminal Sentencing and Departures: Part II the Appeal

Florida Criminal Sentencing and Departures: Part II the Appeal

In the first part of this blog, Florida Criminal Sentencing and Departures, we learned the laws and policies at the trial court level, as it relates to trial judges departing from the Florida criminal sentencing guidelines. The second part of the blog will now discuss the appellate process and how the appeals courts review the departed sentence from the lower court. If the lower court, also known as the sentencing court, downward departs on a criminal sentence the State of Florida through the Office of the State Attorney, for the county in which the crime occurred, will likely appeal the lower court’s ruling to depart to the District Court of Appeals. The principle behind this appeal is set out in the separation of powers of the Florida and United States… […]

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Florida Criminal Sentencing and Departures

Florida Criminal Sentencing and Departures

Under Florida law the sentencing guidelines and laws are in place to provide uniformity of sentence. This uniformity was born out when political activists argued that certain races in Florida were being treated differently under the previous criminal sentencing scheme, because of race or skin color. Basically, black activists argued for “Florida Sentencing Guidelines” that would provide equal sentences for all races of people, touting what they believed was disparaging sentences that blacks faced for crack cocaine possession versus whites for powder cocaine possession. Since the sentencing guidelines have been enacted in Florida, at the behest of the activists, sentencing judges have a very difficult time meting out a sentence below the guidelines. Experienced criminal defense attorneys have crafted ways to persuade trial judges to go below the guidelines, but… […]

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