Articles Posted in Sentencing

prison barsIf you are convicted of a crime in Florida, the state has many different options regarding punishment for that crime. For example, states can force people to pay restitution or fines, and give people probation or jail time. However, there are laws around the kind of sentence someone gets. These laws include principles based on the Constitution, like fundamental fairness. In a case recently heard by the Second District Court of Appeals in Florida, a sentence given to a defendant was found to violate the Fourteenth Amendment’s requirement of fairness. This case helps to illustrate why it is so important to contact a knowledgeable Clearwater criminal defense attorney if you or a loved one has been charged with a crime.

Plea Bargains

The vast majority of defendants who are charged with a crime will end up pleading guilty. Prosecutors will frequently offer a reduced sentence to defendants who are willing to plead guilty to some or all of the charges against them. However, just because a defendant agrees to the guilty plea does not mean that it relieves the state from having to follow the laws around sentencing. In other words, if the sentence violates the Constitution, it is illegal whether or not the defendant agreed to it.

criminal lawIn many cases, a person convicted of a Florida crime Florida may have the option to stay out of prison on parole, probation or another form of supervised release. State judges, however, have some significant leeway to put people behind bars if they are deemed a threat to the public. A recent decision out of Florida’s Fourth District Court of Appeal sets some limits on that authority.

Defendant was charged with multiple counts of providing false information to law enforcement in a missing child investigation. He shared a home with the child’s mother and allegedly made a number of false statements about the child’s whereabouts when she went missing. That included telling a police officer that the child was with her grandmother, and later that she had been taken to a local fire station. He eventually admitted to the cops that he believed the child was dead. Defendant said he’d left the home for a couple months after having a fight with the child’s mother. When he returned, Defendant said the mother told him, “If you love me, you will forgive me,” but refused to say what she had done wrong.

Defendant eventually told officers to look for the child’s body in the backyard of the home he had shared with the mother. The child’s skeletal remains were eventually found in the backyard. Defendant said he initially lied to the police because he “was in love and being stupid.” He was eventually convicted on the counts of providing false information to the police officers.

Continue reading