Charge does felony file florida have long state

Once the Information is filed, the case can only be dropped by the filing of a "Nolle Prosequi" by the assigned prosecutor, which, in Pinellas County, happens in only the rarest of circumstances. If you are arrested, or think you may be arrested, any delay in retaining an attorney to advocate on your behalf could put you at a significant disadvantage.

Often times, Tim and Don can have the most impact on the outcome of your case before the decision to file or not file an Information is made. At The Law Office of Timothy Hessinger, we are uniquely qualified to assess the strengths and weaknesses of the State's case against you. Tim and Don spent a collective twenty one years as Prosecutors in Pinellas County making the very same filing decisions that the prosecutor will be making on your case.

Have felons completed all terms of their sentence?

Having built thousands of criminal cases, Tim knows where to look for potential weaknesses that can, and often do, give them significant leverage to impact the prosecutor's filing decision. Even in cases where the proof of guilt is clearly evident, Tim is often able to provide information on a client's history of mental illness, substance abuse, or other mitigating factors which can also have a significant impact on the prosecutor's filing decision. In some cases, impacting the prosecutor's decision may mean the filing of a "No Information". In others, it may mean the filing of a charge less serious than what the client was arrested for, which can also be of tremendous benefit to the client.

The Florida Felony Process | plantutbadil.tk

For example, all felony offenses in Florida are "scored" on sentencing guidelines and are assigned a numeric value based on severity. Some offenses are assigned a numeric value above 44, which means they carry a mandatory prison sentence.

In such cases, Tim immediately begins to seek out potential proof problems with the State's case and attempt to negotiate the filing of either a No Information or a less serious felony that does not carry a mandatory prison sentence. Intervention by Tim prior to the prosecutor's filing decision can also avoid a sex offender designation in certain types of cases as the State has the discretion to file alternative charges that don't require that designation as a consequence of the plea. Pre-filing negotiations can avoid extremely severe minimum mandatory prison sentences for other types of offenses such as those involving the use of firearms under Florida's Life statutes.

Many of the aforementioned penalties can also be completely avoided by the filing of a misdemeanor charge in lieu of a felony, which the prosecutor almost always has the discretion to do. For a person with no prior criminal record, this can be of immeasurable benefit as that person will also avoid a felony conviction.

With the stroke of a pen, the prosecutor has the power to forever alter the course of a person's life. Often times, the most effective plea negotiations are done before the Information is filed, if it is filed at all. For more insight on how we have been able to benefit our clients by impacting the prosecutor's filing decision, contact The Law Office of Timothy Hessinger. Strike While the Iron is Hot - Impacting the Prosecutor's Filing Decision In the State of Florida, there are three types documents utilized to formally charge a person with a crime: 1 a citation; 2 an indictment; or 3 an Information.

For felony charges, the state has days to file charges For misdemeanor charges, the state has 90 days At The Law Office of Timothy Hessinger, we are uniquely qualified to assess the strengths and weaknesses of the State's case against you. All charges dropped. Aggravated Battery Reduced to Misd.

Florida Criminal Statute of Limitations Laws

Adjudication Withheld. The documents necessary to apply are listed below. Once received, the SAO will review and process the application to determine if the defendant qualifies for the program. The entire process may take from 30 to 90 days from the date the application is received at the SAO. Applicants who meet PTI requirements and are subsequently supervised within the state of Florida by the Florida Department of Corrections are not required to enter a plea of guilty to the charges to participate in PTI.

However, should you reside out of state during the period of supervision, you must plead guilty to the charges and have your sentencing deferred for a period of one year. Per the Florida Department of Corrections, only offenders who enter a plea of guilty and waive the right to a trial if they fail to successfully complete the program are compact eligible.

To obtain this waiver, the attorney for the defendant must email a request explaining good cause for the delay. Correspondence should be directed to FelonyPTI sao All attorneys and applicants should review the State Attorney Pre-Trial Intervention Guidelines for conditions under which this sworn statement may be used against a defendant.

Federal Protections for Applicants With a Criminal Record

Please note that not all third degree felony offenses are eligible for PTI. No exceptions are made to allow defendants charged with non-qualifying offenses into the PTI Program. Escape, as described in s. A felony violation of chapter involving the use or possession of a firearm. The defendant has been incarcerated in a state prison or a federal prison. The primary felony offense for which the defendant is to be sentenced is a felony enumerated in subparagraph 1. The procedure shall be as follows: 1.


  1. how to beat a police background investigation;
  2. Florida Laws on Employer Use of Arrest and Conviction Records.
  3. How felons can register to vote in Florida under new Amendment 4 bill!

The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a habitual felony offender or a habitual violent felony offender. Except as provided in subparagraph 1.


  • Florida Assault and Battery Laws - FindLaw.
  • search for car by vin number.
  • by cell lover phone their track where.
  • Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable to the extent normally applicable to similar findings. For the purpose of identification of a habitual felony offender or a habitual violent felony offender, the court shall fingerprint the defendant pursuant to s.

    Hunting with a felony conviction

    For an offense committed on or after October 1, , if the state attorney pursues a habitual felony offender sanction or a habitual violent felony offender sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection 1 for imposing such sanction, the court must sentence the defendant as a habitual felony offender or a habitual violent felony offender, subject to imprisonment pursuant to this section unless the court finds that such sentence is not necessary for the protection of the public.

    If the court finds that it is not necessary for the protection of the public to sentence the defendant as a habitual felony offender or a habitual violent felony offender, the court shall provide written reasons; a written transcript of orally stated reasons is permissible, if filed by the court within 7 days after the date of sentencing. Each month, the court shall submit to the Office of Economic and Demographic Research of the Legislature the written reasons or transcripts in each case in which the court determines not to sentence a defendant as a habitual felony offender or a habitual violent felony offender as provided in this subparagraph.

    The court shall obtain and consider a presentence investigation prior to the imposition of a sentence as a three-time violent felony offender. For the purpose of identification of a three-time violent felony offender, the court shall fingerprint the defendant pursuant to s. For an offense committed on or after the effective date of this act, if the state attorney pursues a three-time violent felony offender sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection 1 for imposing such sanction, the court must sentence the defendant as a three-time violent felony offender, subject to imprisonment pursuant to this section as provided in paragraph 4 c.

    All evidence presented shall be presented in open court with full rights of confrontation, cross-examination, and representation by counsel.

    How to Get Felony Charge Reduced to Misdemeanor

    Each of the findings required as the basis for such sentence shall be found to exist by a preponderance of the evidence and shall be appealable only as provided in paragraph d. For the purpose of identification, the court shall fingerprint the defendant pursuant to s. For an offense committed on or after October 1, , if the state attorney pursues a violent career criminal sanction against the defendant and the court, in a separate proceeding pursuant to this paragraph, determines that the defendant meets the criteria under subsection 1 for imposing such sanction, the court must sentence the defendant as a violent career criminal, subject to imprisonment pursuant to this section unless the court finds that such sentence is not necessary for the protection of the public.

    If the court finds that it is not necessary for the protection of the public to sentence the defendant as a violent career criminal, the court shall provide written reasons; a written transcript of orally stated reasons is permissible, if filed by the court within 7 days after the date of sentencing. Each month, the court shall submit to the Office of Economic and Demographic Research of the Legislature the written reasons or transcripts in each case in which the court determines not to sentence a defendant as a violent career criminal as provided in this subparagraph.

    A person sentenced under paragraph 4 d as a violent career criminal has the right of direct appeal, and either the state or the defendant may petition the trial court to vacate an illegal sentence at any time. However, the determination of the trial court to impose or not to impose a violent career criminal sentence is presumed appropriate and no petition or motion for collateral or other postconviction relief may be considered based on an allegation either by the state or the defendant that such sentence is inappropriate, inadequate, or excessive.

    It is the intent of the Legislature that, with respect to both direct appeal and collateral review of violent career criminal sentences, all claims of error or illegality be raised at the first opportunity and that no claim should be filed more than 2 years after the judgment and sentence became final, unless it is established that the basis for the claim could not have been ascertained at the time by the exercise of due diligence.

    Technical violations and mistakes at trials and sentencing proceedings involving violent career criminals that do not affect due process or fundamental fairness are not appealable by either the state or the defendant.