Skip to content

Call me confidentially at 1-888-

How does prior criminal history factor into sentencing in FL? ~ “Best Answer” on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     If I do not score over 40 points on the front score sheet will my record come into play? Any direction would be helpful!  I know I will not score 40 points because… Scroll down to read more!

May 11, 2015 / Michael A. Haber /
Q:     If I do not score over 40 points on the front score sheet will my record come into play? Any direction would be helpful!  I know I will not score 40 points because my crimes are all low scoring on the system. I was told that by an attorney I consulted but have no way to afford. But I facing vop and 4 new charges(all 3rd degree felonies i am hypothetically guilty of about cashing and forging a stolen check). While I understand all situations are different is there a minimum or common sentence for forgery and passing a forged instrument while I was on probation for dealing in stolen property (2nd & 3rd degree felony)? My past involves grand theft and drug possession charges.
A:     Chosen as “Best Answer” by Asker!
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/if-i-do-not-score-over-40-points-on-the-front-scor-2179686.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

3 lawyers agreed with this answer

James W Chandler
James W Chandler
Criminal Defense Attorney – Naples, FL
James F. Feuerstein III
James F. Feuerstein III
Criminal Defense Attorney – Tavares, FL
Justin Seth Drach
Justin Seth Drach
Criminal Defense Attorney – Jacksonville, FL

” href=”http://www.avvo.com/legal-answers/if-i-do-not-score-over-40-points-on-the-front-scor-2179686.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>3

Lawyers agree
Best Answer
chosen by asker
Answered . I don’t know what you will score but I do know this (or at least I believe it anyhow from your proffer)…. Whatever you score, and whatever may be “scorable” against you, your past will definitely, absolutely, 100% guaranteed, be “used against you” in one way or another.

If your priors can be scored then they will be scored and if they cannot be scored then rest assured that a) the state attorney will “use” them when factoring a plea offer (or declining to make you a plea offer) and b) that the Court will consider them when meting out a sentence (if a sentence is to be meted out).

The bottom line is that there is no escaping your past (well that and that both prosecutors and judges tend to have little to no sympathy for folks who, objectively speaking, either cannot manage to abide by the law or can’t seem to get out of their own way – at least enough to avoid being in places or with folks who steer them toward trouble) and that you can count on your prior criminal history biting you in the butt one way or another.

Unfortunately for you this is especially true in your case with your VOPs. As far as most judges and prosecutors are concerned that (VOPs) is (are) just adding insult to injury as they tend to view probation is a gift of sorts, albeit one which is given by an Indian giver who can take it back at any time (the alternative being jail), such that when you VOP you seem to be looking that proverbial gift horse directly in the mouth.

All of that said it is smart of you to seek advise and legal assistance, even if you cannot afford it, but if I were you I would get offline and stop posting information which can, theoretically, be used against you in court.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Established in 1991, Michael A. Haber, P.A. has an unblemished record of providing creative, effective and zealous representation to clients, primarily in South Florida, on a wide variety of criminal matters ranging from DUI to drug trafficking and from misdemeanors to first degree murder. 

At Michael A. Haber, P.A. “Its all about reasonable doubt”!
Michael A. Haber, Esq. is prepared to speak with you about your case!
Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Sentencing #Mitigation #AggravatingfFactors #MitigatingFactors #DownwardDeparture #SentencingGuidelines #Scoresheet #CriminalPunishmentCode

Posted in

Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

Leave a Comment





This site uses Akismet to reduce spam. Learn how your comment data is processed.

12555 Biscayne Boulevard, # 893
North Miami, Florida 33181
Phone: 1-888-742-7581|
Secondary phone: 305-381-8686
Email: sharky910@aol.com

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016

Categories

Recent Posts

Archives