Can I still receive house arrest in Florida if I am found guilty and my score sheet equals 89 points? ~ Chosen as “Best Answer” on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Sentencing Judges enjoy discretion to depart downward. This is called “statutory mitigation”.

However, just because a Judge can downward depart does not mean that s/he will do so.

You (your lawyer) will have to put forth sufficient evidence to convince the Court that a downward departure (“statutory mitigation”) is both legally and factually warranted.

Florida Statute 921.0026 lists a series of “statutory mitigators” any one of which, if pleaded 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 of 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-realities