sentencing guidelines

[ker]

What is the name of your state? fla
if a crime was committed prior tho the sentecing guideline change of 1995, what recourse is there if the person was sentenced under the new guidelines, saying they must serve 85% of the sentence? the case wasn't in court till 2000! is there any relief?

 

[nowpastdue]

I am NOT an attorney.

The key date is the date the crime was committed, not the date of arrest, or the date of trial..

The guidelines are however guidelines, deviations are alllowed with written findings.

I suggest you study Chapter 921 of the Florida Statutes.

 

[ker]

in looking iver that chap., i came up with only black and white answers...crimes committed prior to the change were to be sentenced under the old guidelines...a huge injustice has occurred, and every attempt at an appeal has been denied...

 

[HomeGuru]

in looking iver that chap., i came up with only black and white answers...crimes committed prior to the change were to be sentenced under the old guidelines...a huge injustice has occurred, and every attempt at an appeal has been denied...

**A: please explain the crime(s) committed.

 

[nowpastdue]

I am NOT an attorney.

And please include:

#1 Past criminal convictions to include extenuating circumstances, like robbery with firearm as opposed to simple robbery. Include dates of convictions.

#2 What were the grounds for denial of appeal?

#3 Also, what was the exact date of the crime currently in question?

 

[ker]

the dates of the crimes were from 9/88-12/94. the charges are racketeering and grand theft.
the grounds for the denial of the appeal were never stated, just that it was denied

 

[nowpastdue]

I am NOT an attorney.

#1 Are you the person directly affected by this question? If not, are you a close relative? Or, is this sort of a "what if" question?

#2 The entire criminal record of the subject contains only two charges, those of racketeering and grand theft, correct?
The 2 crimes were committed in Sept 1988 and December 1994, correct? Am I correct in that the grand theft was the 1988 crime?

#3 "the grounds for the denial of the appeal were never stated, just that it was denied". Am I correct in assuming this person has no access to legal counsel?

On what are you basing your assertion that the person was sentenced under pre 1995 guidelines? Note that just because the sentence given is more than the guidelines state, there are provisions that allow sentences more harsh than the recommended guidelines. There are also reasons that an expected release date may be changed , which might give one reason to believe that a person was serving 85% of a sentence when he could have gotten out earlier.

 

[ker]

this is a very dear friend of mine.
the majority of the charges are grand theft it was a scam that lasted a few years the racketeering charge was 1988, and the others were theft, as a reult of the scam

he hasn't access due to lack of funds...partly what got him into this mess at his trial...2 other guys were involved, they had paid counsel, and got very light sentences. he was told he was to serve the mandatory 85% i believe at sentcing by the judge (i wasn't present).he was given 12 years, to serve 85% of it.

if he had been sentenced in the 1994 guidelines, he would be getting out next spring/summer. what he needs is cases that have gone before the judge where this issue was brought up and the whole 85% thing reversed, or, an attorney that would represent him!

 

[nowpastdue]

I am NOT an attorney.

I still don't have the needed information.

First you said 2 charges, now there are more than 2. A lot of what you "know" about the whole deal is conjecture on you part. Because all the crimes that you have so far enumerated have to do generally with theft, it may be that the increasing severity or the sheer number of repeat offenses (not the total number of offenses charge) enabled the DA to press for more time.

To answer your questions and possibly assist this person I need detail, detail, detail. And apparently you don't have them.

If you are willing to divulge either his first and last name and year of birth ,or his DOC inmate # to me in a private email, maybe I can get the details. DO NOT POST ANY PERSONAL INFO ON THIS SITE.

If you want to do that just post that it is ok to send you an email.

Also, you didn't say anything about the appeals. I suspect he has made no formal appeals. Notwithstanding the fact that there are many lawyers in jail now, certain prisoners have become very astute in the practice of law and I'm not just speaking of a "jailhouse" lawyer stereotype either. Perhaps he can enlist their aid. I would imagine the PD may be require to file appeals for him, but don't know for certain.

 

[ker]

i can give you more info via e mail, maybe when you view the charges, you'll better understand -thanks