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My Loved One Was Convicted of a Crime–An Excessive Sentence Part III
If a person enters a plea to the judge, sometimes called an open plea, or if someone is found guilty after a trial, the next step in the process is a sentencing hearing. At the sentencing hearing, both the State and the defense advocate for an appropriate sentence. Generally, the court is more likely to sentence someone to jail or prison when a person is convicted after a jury trial. After 1998, when an individual is charged with noncapital felony, he or she is scored on a scoresheet pursuant to the Florida Criminal Punishment Code. The scoresheet provides the lowest permissible sentence...
My Loved One Was Convicted of a Crime—Can They Bond Out? Part II
After trial, a judge will usually remand a person to jail with no bond pending sentencing. After being sentenced, the lengthy appeal process begins. A frequent question is “Can my loved one post a bond while the appeal is pending?” The answer is possibly. After someone is convicted, there is no constitutional right to a bond and Florida Statutes § 924.16 state that the decision whether to grant a person post trial release is left to the discretion of the trial judge. Unfortunately, there are many legal exclusions that prevent a person from being eligible for bail pending appeal. Under...
My Loved One Was Convicted of a Crime—What Do I Do Now? Part I
It can be an incredibly frightening experience to have a loved one that has been convicted of a crime after trial. The resulting conviction can possibly lead to an adjudication of guilt, jail or prison time, probation, and fines. Being adjudicated guilty of a crime means that the conviction will always be on their record, the conviction cannot be sealed or expunged, and it will likely show up on a background check. This can negatively affect their current and future employment. Generally speaking, the court is more likely to sentence someone to jail or prison when a person is convicted after...