Articles Posted in Sentencing

sentenced stampWhen you work with a skilled Tampa criminal defense attorney there are several ways that they can help you after you have been charged with a crime. They can help defend you against the charges. They can also help you negotiate a plea bargain with the prosecutor. Another thing that they can do is to help with sentence mitigation if the defendant is found guilty. This case involves the latter.

Downward Departure

The defendant in this case is a woman with no prior criminal record before this prosecution. After working for a couple for eight years as the housekeeper and groundskeeper of their house in Florida, she was charged with burglary and trespassing. Her job duties involved taking care of the home while the couple was away, although she was never supposed to spend the night there. After many satisfactory years as an employee she began dating a man who had drug issues and was also a convicted felon. He allegedly pressured her to sleep at the house and stay there while the couple was away. He also allegedly stole property from the couple and the defendant herself, including checks. He testified at trial that the defendant was not involved with the taking of property.

The defendant petitioned the court for a downward departure in her sentence. The court granted this petition and she was sentenced to six months in the county jail, followed by fifteen months of community service and five years of probation. Without the downward departure she would have faced 21 months to 15 years in jail.

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If you are convicted of a Florida theft crime, the sentencing stage can have a huge impact on not only your future but also your family’s future. Probation and alternative sentences are often available in criminal cases. Even if you’re looking at prison time, it’s important to make the strongest possible case for the shortest possible stretch behind bars. Florida’s Second District Court of Appeals recently explained that there are limits on the evidence that judges can take into account when making a sentencing decision.

Legal News GavelThe defendant was arrested, charged, and convicted of robbery and carjacking stemming from an incident in Tampa. He was allegedly involved in a variety of other incidents while being held in a local jail, awaiting trial. Following his conviction, the judge held a hearing to determine how he would be punished for the crime. Prosecutors asked the judge to send him to prison for 15 years. They called several correctional officers who worked at the jail where the defendant was being held to testify. Those officers told the court that the defendant was involved in at least two physical altercations at the facility and that they found papers in his cell indicating that he was affiliated with the Latin Kings, a well-known jail gang.

The prosecutors also presented a statement from the carjacking victim, who talked about how the crime had affected her life. The victim asked the judge to give the defendant the maximum sentence allowable under the law. The judge eventually sentenced him to 12 years behind bars. On appeal, however, the Second District said the trial court wrongly relied on evidence of his misdeeds in jail in imposing the penalty. It cited the state Supreme Court’s 2016 ruling in Norvil v. State, in which the high court said a court can’t use a person’s subsequent crimes without convictions to support a sentence for earlier, unrelated crimes.

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