A minimum mandatory sentence is a minimum prison sentence that a judge must impose for a particular crime, without consideration of mitigating circumstances. In federal court, there are only two ways to avoid such a sentence: safety valve and cooperation. An article that I posted on my Federal Criminal Lawyer website examines these two provisions […]
I previously published two articles on this website entitled "Florida Sentencing and Drug Court Programs" and "Amended Law Provides Additional Ways to Avoid Prison." Both of those articles looked at new laws that make it possible for some people to avoid being sent to prison even though the Florida Sentencing Guidelines call for a prison […]
I previously published two articles on this website entitled "Florida Sentencing and Drug Court Programs" and "Amended Law Provides Additional Ways to Avoid Prison." Both of those articles looked at new laws that make it possible for some people to avoid being sent to prison even though the Florida Sentencing Guidelines call for a prison […]
Earlier this month, I published an article on this website entitled Florida Sentencing and Drug Court Programs in which I noted that if a criminal defendant has more than 44 total sentence points on the sentencing guidelines, he is supposed to be sentenced to state prison. But on July 1st of this […]
If you have been charged with a drug crime in West Palm Beach, Palm Beach, Belle Glade, Boynton Beach, Delray Beach, Jupiter, Lake Park, Lake Worth, Lantana, North Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach, or Wellington, call me, attorney Ron Chapman, at 561-832-4348 […]
Florida's sentencing guidelines determine sentences for felony offenses (except for death-penalty cases) based primarily on the following two factors: The conduct associated with the offense. (For example, manslaughter is a Level 7 on the guidelines which means that that particular crime has 56 sentencing points.) An individual's criminal history. (So, for example, if someone has 5 […]
Florida's sentencing guidelines determine sentences for felony offenses (except for death-penalty cases) based primarily on the following two factors: The conduct associated with the offense. (For example, manslaughter is a Level 7 on the guidelines which means that that particular crime has 56 sentencing points.) An individual's criminal history. (So, for example, if someone has 5 […]
When someone seeking to have her criminal-history record sealed or expunged files the appropriate paperwork with the Court including a certificate of eligibility issued by the Florida Department of Law Enforcement, that person is legally entitled to have her record sealed unless the judge hearing the case finds that there is a good reason to […]
The rule that governs the expunction of criminal history records in Florida states that “any request for expunction of a criminal history record may be denied at the sole discretion of the court.” Nevertheless, Florida law has consistently held that the words “sole discretion” do not permit judges to arbitrarily deny requests for expunctions. […]
The Double Jeopardy Clause, which is contained in the Fifth Amendment to the United States Constitution, states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb." The Double Jeopardy Clause is designed to protect individuals accused of committing crimes against the […]
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