Tuesday, January 19, 2016

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

Q:    Can I still receive house arrest in Florida if I am found guilty after a bench trial and my score sheet equals 89 points?  Or is that only if I were to score under 44 points?   



 A:     Chosen as "Best Answer" by Asker on www.AVVO.com


Licensed in FL




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Answered . 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 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

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 



When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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