FAQ: Criminal Sentencing in Miami

FAQ: Criminal Sentencing in Miami

Hey there! If your reading this, you probably got arrested for something in Miami and are wondering what’s gonna happen next. Don’t worry, I got you covered! I’m just a regular person whose been through the system before and wants to help others understand it better. Criminal sentencing can be really confusing and scary, but hopefully this FAQ will make it a little easier to navigate. Let’s dive in!

What factors determine my sentence?

There’s a bunch of stuff judges look at when deciding your sentence, including:

• How serious your crime was – Stealing a candy bar isn’t treated the same as armed robbery!
• Your criminal history – First time offenders usually get more leniency.
• Any injuries or losses from your crime – The more harm you caused, the harsher the penalty.
• Your age – Youthful offenders may get alternate sentencing.
• Your attitude – Judges don’t like it when people don’t show remorse.
• Your personal background – Things like family, education, employment, etc.

For felonies, there’s also sentencing guidelines and enhancements that can increase your penalty. It’s complicated stuff – that’s why you need an experienced attorney on your side! They’ll understand all the rules and technicalities.

What’s the difference between a plea deal and an open plea?

With a plea deal, your lawyer negotiates with the prosecutor and you agree to plead guilty in exchange for a specific sentence. This gives you certainty about what your penalty will be. An open plea means you plead guilty without an agreed sentence – the judge gets total discretion to give you any punishment within the minimum and maximum set by law. Open pleas are riskier since the sentence is unknown, but sometimes judges are more lenient than prosecutors.

What happens at a sentencing hearing?

At the hearing, your lawyer will present information about your character and background and argue for the most favorable sentence. If you pled open or were found guilty at trial, they’ll bring witnesses to testify on your behalf. You’ll also have the chance to make a statement to the judge and show remorse. For first time felons, the hearing usually happens after a pre-sentence investigation report is prepared by probation.

What are the main sentencing options?

Judges can give:

• Fines – Extra money you have to pay
• Probation – You stay out of jail but must follow rules and check in with an officer
• Community control – A form of probation where you’re monitored at home
• Jail or prison time – The harshest sentences

They can combine options too – like probation plus fines or jail plus probation after release. The punishments get harsher if it’s a serious crime or you have prior convictions.

What happens if I violate probation?

Probation is a privilege, not a right. If you break any of the rules like missing check-ins, not paying fines, or committing new crimes, the judge can revoke your probation and send you to jail. Make sure you fully understand all the conditions so you don’t accidentally violate!

How can I get the charges reduced or dropped?

Your lawyer will review the evidence and see if any charges can be dismissed due to illegal searches, lack of probable cause, or other issues. They may also negotiate with the prosecutor to get charges lowered or dropped in exchange for a guilty plea on other charges – it’s all about give and take. But sometimes the evidence is just too strong and you’ll have to take your best deal.

What kinds of defenses can help me?

Some common defenses that could get your charges dropped or reduced include:

• Self-defense – You acted to protect yourself from harm
• False accusations – The allegations against you are fabricated
• Mistaken identity – You were misidentified as the perpetrator
• Entrapment – Law enforcement induced you to commit the crime
• Insanity – You were legally insane at the time of the offense

An experienced lawyer will know how to argue these defenses persuasively to help you win your case!

How can I get a lighter sentence as a youthful offender?

If you’re under 21, you may qualify for youthful offender status. This allows judges to give punishments like probation for serious felonies, instead of harsh adult sentences. Make sure your lawyer fights for this! It’s a great way for young people to avoid permanent criminal records.

What kinds of programs are available in jail or prison?

Most facilities offer programs to better yourself while serving your time, like:

• Education classes – Earn your GED or college credits
• Job training – Gain skills for employment after release
• Counseling – Address substance abuse or mental health issues
• Faith-based groups – Find spiritual support

Taking advantage of programs like these can help you make parole sooner and be more successful when you get out. It shows the judge you’re committed to rehabilitation too.

How can I reduce the chances of recidivism?

The best ways to avoid reoffending after your sentence include:

• Following your parole/probation terms
• Getting mental health treatment if needed
• Going to counseling for addiction issues
• Cutting ties with bad influences from your past
• Furthering your education
• Finding steady employment
• Joining a supportive community like a church

It’s tough getting back on your feet after incarceration but taking these positive steps really helps. Having an encouraging support system makes a huge difference too!

Whew, that was a lot of info! I know it’s all super overwhelming. The good news is that with a knowledgeable attorney guiding you and a constructive attitude, you can get through this. You’ll make it to the other side stronger and wiser. We all stumble sometimes – it’s how we recover that matters most. You got this!

Sources:

[1] https://www.miami-criminal-lawyer.net/blog/sentencing-in-florida-and-the-florida-criminal-punishment-code

[2] https://www.tomas-law.com/criminal-defense/criminal-defense-faq/

[3] https://www.fighterlaw.com/criminal-law-101/criminal-trial-lawyer/criminal-sentencing/

[4] https://www.dmtlaw.com/criminal-defense/florida-criminal-law/sentencing/

[5] https://www.jud11.flcourts.org/FAQs-for-Circuit-Criminal-Division

[6] https://www.hornsby.com/criminal/sentencing/