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    Robin3184's Avatar
    Robin3184 Posts: 7, Reputation: 1
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    #1

    Sep 16, 2008, 09:10 AM
    Florida sentencing policy
    Can someone tell me what are the minimal amount of points you can have before going to prison in Florida?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 16, 2008, 12:26 PM
    Quote Originally Posted by Robin3184
    Can someone tell me what are the minimal amount of points you can have before going to prison in florida?

    Is this what you are asking?

    From Florida law - "Another significant change is the determination when a prison sentence becomes mandatory under the new sentencing policy. The basic structure of the sentencing policy has not changed with respect to point determinations. Sentencing point thresholds for sentence calculations have however undergone significant revisions.

    If total points are equal to or less than 44, the lowest permissible sentence is a non-state prison sanction (however state prison up to the statutory maximum can be imposed).
    If total points exceed 44, the minimum sentence is established by taking the total point value subtracting 28 and decreasing the remaining value by 25%. This end result value is the lowest permissible prison sentence in months.

    This means than only those offenders scoring 44 or less points may receive a non- state prison sanction under the code. All others must receive a state prison sanction, absent downward departure from this structure. The threshold under the guidelines for mandatory prison incarceration was 52 points. "
    Robin3184's Avatar
    Robin3184 Posts: 7, Reputation: 1
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    #3

    Sep 16, 2008, 12:46 PM
    This is exactly what I was looking for.

    Thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 16, 2008, 01:41 PM
    Quote Originally Posted by Robin3184
    This is exactly what I was looking for.

    Thanks


    If you do your own research be aware that the law has changed several times - it's important to see what is current concerning Florida law.

    Good luck.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Sep 16, 2008, 02:23 PM
    Yes, there definitely is a formula for the sentencing guidelines in every state. Some formulas are confusing though. Your attorney should be able to provide you with a chart showing the guidelines so you can more fully understand what category you fall into. You also need to remember they give you extra points for prior convictions so don't forget to add that info in.

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