Criminal cases run the gamut from violations of ordinances to the most serious crimes. Not every case is the same.
If you have never had a prior criminal case, you may be eligible for Pre-Trial Intervention (PTI) in which the prosecution of your criminal case is deferred while you perform agreed upon tasks such a substance abuse program, an anger management program, community service, etc. These will be proposed by the State Attorney and can be negotiated. If you are successful on PTI, your criminal case is dismissed!
In the event that you have prior criminal cases, we would review the case and the discovery to see if we can get evidence excluded, challenge witnesses and ultimately get the case dismissed or more serious charges reduced. If the case cannot be dismissed, we will negotiate with the State Attorney to get the best deal possible.
I often have clients who are incarcerated tell me that other inmates in the same jail on the same charge get a particular deal then ask why they can’t get the same deal. The answer is that so many different factors go into the resolution of Criminal cases.
Some State Attorneys are more willing to settle cases; others prefer to take cases to trial. Sometimes the victim (alleged victim) will insist the maximum penalty be imposed while others seek lesser punishment, even dismissal of the charges. The availability of video evidence is becoming more regular which can help or hurt a case. The ability of witnesses to adequately and accurately recall events is another factor. Perhaps the biggest factor is the “Score Sheet”.
The State of Florida has created a tool to assist in determining the sentences of alleged criminals. It is often the starting point for negotiations. The “Score Sheet” takes into effect prior criminal activity, the current alleged criminal activity and the severity of the charges. There are certain factors that increase the score.
Once the score is calculated, there is a mathematical calculation which results in the number of months for which a criminal defendant should be sentenced for the particular crime or crimes allegedly committed. After the score is known, we look for ways to get the score reduced at which point the client will decide whether or not to take the offer or go to trial.
We are prepared to handle all types of criminal cases and would be happy to meet with you to discuss the charges and potential outcomes.