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Elements that a court may consider at sentencing

Despite the work and experience that a skilled criminal defense attorney can bring, there will be times where a defendant is convicted of a sex crime. When that happens, a defense attorney’s work does not end. In fact, there is work to be done to ensure that the client is treated fairly when sentenced.

This post will highlight a few of the things that are considered when a criminal defendant is sentenced.

Criminal history – A person’s past is an accurate predictor of one’s future; at least that is what the criminal justice system believes. Because of this, a person’s past criminal convictions and involvement with the justice system is considered when being sentenced. 

Probation recommendations – It is likely that the court will order an evaluation from the probation department to provide recommendations on the appropriateness of the sentence and whether the defendant is likely to comply with the particular sentence if it does not involve jail time.

Statute – Naturally, the court may only issue a sentence that is allowed by Florida law. This means that the court may not exceed its power granted by statute. However, within the boundaries of the law, courts have wide latitude of discretion in meting out a sentence.

Through these elements, an experienced criminal defense attorney can help the court understand how a sentence may be appropriate even though it may be different from what is being recommended by the state.

If you have questions about how a sentence may affect your life, an experienced criminal defense attorney can help. 

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