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Articles Posted in Sentencing

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Court Rules a Judge can Consider an Arrest Without a Conviction During a Florida Community Control Revocation Hearing

When a defendant is convicted of a crime there are certain factors that the court can consider when determining an appropriate sentence. For example, a court is not permitted to consider a defendant’s arrest for a subsequent crime when imposing a sentence for the primary offense the defendant was convicted…

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Florida Court Holds That Granting Credit for Time Served in Other Jurisdictions is Discretionary

If you are convicted and sentenced to be incarcerated, in certain cases you may be given credit for any time you were in jail after your arrest for the subject charges prior to your conviction. Recently, a Florida district court of appeals defined the circumstances in which a court is…

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Court Overturns Death Sentence Based on US Supreme Court’s Finding that Florida’s Prior Capital Penalty Laws Were Unconstitutional

The United States Supreme Court recently ruled that Florida’s capital sentencing scheme was unconstitutional, in Hurst v. Florida. The Hurst ruling continues to have lasting effects in Clearwater and throughout the state, as many death sentences imposed prior to Hurst may be unconstitutional. For example, the Supreme Court of Florida…

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