Legal Question in Criminal Law in Florida

Re: Extradition to Florida on Felony

David K gave a great answer to your question. I would also note that he is in California and NOT Florida. He may or may not be admitted to the Bar here, but even if he isn't, his research is pretty thorough. I don't give out praise on this board easily - I am a Board Certified Specialist and come across a lot of poorly drafted answers. So kudos to David K on this one.

Your real question, though, concerns whether or not the man you love is going to stay in jail when he gets here and for how long if he is convicted. The answer is: I don't know and neither does anyone else.

Florida uses a method of charging that is different than most states - Assistant State Attorneys file an Information of Indictment under oath instead of have a Grand Jury return a True Bill of Indictment for cases like this.

This is important because the State will make a 'filing decision' about exactly what to charge your boyfriend with: The more serious the filing, the more serious the liability.

Although many State Attorneys have an office policy prohibiting Assistant State Attorneys from 'charge bargaining' (reducing the charge up front), it actuall happens more than you would think. Here is why: Most Assistant State Attorneys have to justify charge reductions to a felony supervisor who can easily say 'no

because they do not have to try the case. If the ASA reduces the charge at the Intake stage, the felony supervisor doesn't have to be consulted. If a deal falls apart later, the ASA can amend the Information without complaint from their supervisor - even on the day of trial. Net result? Charge bargaining happens all of the time.

Another factor affecting sentencing is Florida Rule of Criminal Procedure 3.992(a) of the Florida Punishment Code. The magic number is 44: Any person who scores more than 44 points must be sentenced to state prison, and anyone who scores under 44 points MAY be sentenced to state prison.

So what's the answer to your question about how long? I don't know. As is often the case, more information is needed, and it will probably take months before the answer is known. This may not be what you want to hear - unless you want the truth, and I think you do.

My thoughts are with you as you go through this difficult time.

Warmest regards,

Stephen G. Cobb

Re: Extradition to Florida on Felony

The statutory maximum sentence depends on the type of weapon and the victim. If he is charged with assault with a deadly weapon that is not a semi automatic firearm and the victim was not a peace officer, the maximum sentence he could receive is 4 years in state prison. If the charge is a semi automatic firearm, the maximum is nine years. If the victim was a peace officer, the maximum is five years unless the weapon was a semi automatic firearm, then the maximum is 9 years. If the victim was a peace officer and the weapon was a firearm, but not a semi automatic, the maximum is 8 years.

The likelihood of a sentence cannot be determined without a full evalutation of the facts of the case. Every case is different and prediction of outcome is imprecise at best. Contact us if you are interested in a consultation.