Q: If my crime scores out to prison(58) is it mandatory i get sentened to prison if its my first ever crime? Collier county, FL. My lawyer told me this as a reason she cant get me probation as a plea bargain….
A:
Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/if-my-crime-scores-out-to-prison-58–is-it-mandato-1919390.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
Criminal Defense Attorney – Miami, FL
Contributor Level 20
Answered . You have tagged this as a “federal crime” but your score indicates a state sentence.
If this is in fact a State question then Florida Statute 921.0026 lists a series of “statutory mitigators” any one of which, if pled and proven by the Defendant and then found to be applicable and so ordered by the Judge (with a written order explaining the basis for the ruling), will permit a lawful downward departure from the permissible sentencing guidelines range, even over an objection by the State.
Of course the State is free to appeal if it disagrees, in which case an appellate court will review the record and determine whether or not the trial Judge exceeded the (wide) boundaries her / his permissible use of discretion.
For more on this I suggest that you take a look at my Avvo Legal Guide on sentencing issues in Florida. It contains a great deal of information on the subject. For your convenience a link follows:
Please see:
http://www.avvo.com/legal-guides/ugc/sentencing-in-florida–the-mathematics-procedures-and-the-realitiesAfter reading my Legal Guide I suggest you schedule a meeting with your lawyer and address the subject of statutory mitigation. The fact is that there is more than one way to accomplish your objective. While the State may not be willing to extend a non-jail plea offer (which is their prerogative) to you, but with provable and sufficient mitigation you may be able to get one (a non-incarcerative offer) from the Court.
I hope that I have been helpful in answering your question.
Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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