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Articles Posted in Sentencing

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Florida Court Rejects Challenge to Victim Injury Points on a Sentencing Scoresheet

If a defendant is convicted of a felony charge, the court will employ a sentencing scoresheet to determine what it believes to be an appropriate sentence. If a scoresheet includes points which should not be attributed to the defendant, it can result in an inappropriately high sentence. The points assessed…

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Federal Court Rules Florida Attempted Murder is a Violent Crime for Purposes of Imposing an Enhanced Sentence

Under the Armed Career Criminal Act (ACCA), if a person convicted of a crime is deemed a career criminal, he or she may face increased penalties. The United States Supreme Court recently ruled in Johnson v. United States, that the residual clause in the ACCA was unconstitutionally vague. As such,…

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Florida Court of Appeals Overturns Conviction After Defendant’s Attorney Does Not Comply with the Defendant’s Wishes to Withdraw his Plea

A defendant charged with a crime in Florida can enter any plea provided for by the law. While a person charged should not enter a plea without thoroughly weighing the consequences, in some cases even if a plea was entered after careful consideration a defendant may wish to change his plea.…

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