If you are found guilty of a crime, the law generally stipulates sentencing guidelines that the judge follows when he or she orders a sentence. A downward departure occurs when the judge departs from the applicable sentence and orders a lower sentence than is recommended for a particular crime. A downward departure can be utilized only in the sentencing of some types of crimes and only when mitigating factors are present. What is a Downward Departure? In Florida, the state uses a computer system to assign scores to every person who is accused of a crime. Scores are calculated using a formula that is designated in the Florida Department of Corrections Criminal Punishment Code (CPC). Each crime is assigned a level and associated numerical value. It applies to sentencing for all felonies, except for capital felonies, that were committed after October 1, 1998. A person convicted of a.more
Category Archives: Criminal Defense
Traffic stops are common occurrences. Everyone makes a mistake once in a while when they drive. When you are stopped for a regular traffic offense such as speeding or having a headlight out, you do not expect complications. When the police officer approaches your vehicle, you are prepared to provide your driver’s license, registration, and insurance. What happens next, however, is something for which you may not be prepared. The police officer may suspect that you are driving under the influence (DUI). This suspicion can be because he or she notices the smell of alcohol on your breath. In this situation, the traffic stop just became much more serious and complicated. Field Sobriety Tests The officer will likely ask you to step out of the vehicle so you can perform some preliminary field sobriety tests (FSTs). There are three commonly used standardized FSTs that include the walk and.more
When you find out that you have a warrant for your arrest, you may immediately begin to panic. It can be a terrifying feeling to know that the police might arrest you at any time. You certainly want to resolve the situation as quickly and efficiently as possible with as little embarrassment to you and your family. It can be extremely helpful to seek guidance from an experienced Brevard County criminal defense attorney as soon as possible. Find Out the Reason and Source of the Warrant Arrest warrants can be issued for any number of reasons and from various jurisdictions. Before you can do something about the warrant, you need to first find out where it originated and why. Then you will be able to follow the proper procedure for responding to it.more
- Failure to Appear Warrants: A warrant will be issued if you miss a required court.