Can I still receive house arrest in florida? Or is that only if I were to score under 44 points?
I am found guilty after a bench trial and my scoresheet equals 89 points.
5 attorney answers
It's doubtful you would get a bench trial if you have that many points. You could technically get a downward departure, talk it over with your attorney'
You can get house arrest (community control) if the judge orders it and the judge has adequate reasons to give it to you. Get a very good lawyer to do your sentencing.
You can receive house arrest in FL regardless of your points.
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 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-realities
I hope that I have been helpful in answering your question.
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Do not consent to a bench trial. Get an attorney who has decades of experience.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
If you score 89 points on your scoresheet, you definitely don't want a bench trial. You have the right to a jury trial...use it....trust me! As for sentencing possibilities, you may be eligible for a downward departure depending on the facts of the case and the mitigating factors you have. You should consult with and hire an experienced lawyer who has years of experience handling felonies and can fight to get you a downward departure or the best possible resolution in this case.
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