Sentence Disparity – What’s wrong with this picture? Mandatory Minimum Sentences

Mandatory Minimums puts all of the power in the prosecutor’s hands. Prosecutors have leverage to force a plea from the accused, (even if the accused is innocent). They use scare tactics to convince the accused to take the plea. Unfortunately, the criminal defense attorneys also want their client to take a plea (less work for them). Refusing to take a plea will unleash the wrath of the state. They may even add more charges. They can do that.

If convicted, the judge has no choice but to apply the mandatory minimum sentence guidelines. Judges have no discretion and cannot consider each case differently.

1st Offense means nothing.

Charles(a first time offender) was convicted of the charges below and sentenced to 12 years with a minimum/maximum of 10 years and for count 1, and he was sentenced 5 years with a minimum/maximum  of 3 years for count 2. These sentences are concurrent. Charles will have to do a minimum of 10 years.

The guys that robbed my son are now free to enjoy life. They plead out.  Charles chose to go to trial.

Charles’ Charges:

1. CR-ROBBERY WITH FIREARM (Attempt) 812.13(2)(A) Second Degree – Felony
2. CR-AGGRAVATED ASSAULT WITH A DEADLY WEAPON (Assault) 784.021(1)(A) Third Degree – Felony

Charles’ Sentences:

1. CR-ROBBERY WITH FIREARM (Attempt)
Confinement (Effective 01/31/2014, Min. 10 Yr , Max. 12 Yr , Department of Corrections)
Credit for Time Served: 74 Days
Sentence Status (Concurrent, Case #: 2011-CF….., Counts: 2)

2. CR-AGGRAVATED ASSAULT WITH A DEADLY WEAPON (Assault)
04/16/2011 (TDF) 784.021(1)(A) (784.021(1)(A))
Confinement (Effective 01/31/2014, Min. 3 Yr , Max. 5 Yr , Department of Corrections)
Credit for Time Served: 74 Days

He is sentenced to a minimum of 10 years and a maximum of 12 years. His charges were were attempted robberies. He does not have a prior criminal history.

Now Let’s Look At The Guys That Robbed My Son.

Guy #1

Charges 
1. ARMED BURGLARY OF STRUCTURE W/EXPLOSIVES OR WEAPON 810.02(1)(B)(2)(C) Life 05/13/2011
2. CR-BURGLARY 810.02(4) Third Degree – Felony 05/13/2011
3. CR-ROBBERY WITH FIREARM 812.13(2)(A) Second Degree – Felony 05/13/2011
4. CR-AGGRAVATED BATTERY WITH A DEADLY WEAPON 784.045(1)(A)(2) Second Degree – Felony 05/13/2011
5. THEFT 812.014(2)(C)(5) Third Degree – Felony 05/13/2011
6. THEFT 812.014(2)(D) Second Degree – Felony 05/13/2011

Sentences: He served 265 days in the county jail!!!!!
Confinement (Effective 02/28/2013, Min. Not Applicable, Max. 265 Days , County Jail)
Credit for Time Served: 265 Days
State Probation (18 Mo )
Community Service (Hours: 100)
Restitution (Restitution Ordered – Reserves on Amount )

______________________________________________________________________

Guy #2 – had another robbery case consolidated with the robbery case of my son

Charges from robbing my son- same as the co-conspirator above. 

1. ARMED BURGLARY OF STRUCTURE W/EXPLOSIVES OR WEAPON
Nolle Prosequi (NC)
2. CR-BURGLARY
Nolle Prosequi (NC)
3. CR-ROBBERY WITH FIREARM
Nolle Prosequi (NC)
4. CR-AGGRAVATED BATTERY WITH A DEADLY WEAPON
Nolle Prosequi (NC)
5. THEFT
1 – Adjudicated Guilty
6. THEFT
1 – Adjudicated Guilty

More Charges from a different case . Consolidated Case
1. HOME INVASION ROBBERY (WITH A FIREARM)
Consolidated
2. THEFT
Consolidated
3. POSS. OF FIREARM IN COMMISSION OF FELONY
Consolidated
4. ARMED BURGLARY OF CONVEYANCE W/FIREARM
Consolidated

Sentences: He was released this year.

Confinement (Effective 03/04/2013, Min. Not Applicable, Max. 20 Mo , Department of Corrections)
Credit for Time Served: 1 Yr 282 Days

Sentence Status (Concurrent, Case #: 2011-CF….., Counts: 005-006)
03/04/2013

5. THEFT
05/13/2011 (TDF) 812.014(2)(C)(5) (812.014(2)(C)(5))
Confinement (Effective 03/04/2013, Min. Not Applicable, Max. 20 Mo , Department of Corrections)
Credit for Time Served: 1 Yr 282 Days
6. THEFT
05/13/2011 (TDF) 812.014(2)(D) (812.014(2)(D))
Confinement (Effective 03/04/2013, Min. Not Applicable, Max. 20 Mo , Department of Corrections)
Credit for Time Served: 1 Yr 282 Days
Sentence Status (Concurrent, Case #: 2011-CF…..-B-O, Counts: 005-006)

1. BURGLARY OF A DWELLING 810.02(4)(A) First Degree – Felony 11/03/2012
2. AGGRAVATED BATTERY (GREAT BODILY HARM) 784.045(1)(A)(1) Second Degree – Felony 11/03/2012
3. THEFT 812.014(2)(C)(5) Third Degree – Felony 11/03/2012
4. THEFT 812.014(2)(C)(5) Third Degree – Felony 11/03/2012
5. THEFT 812.014(2)(D) Third Degree – Felony 11/03/2012
6. CR-AGGRAVATED BATTERY WITH A DEADLY WEAPON 784.045(1)(A)(2) Second Degree – Felony 11/03/2012
7. HOME INVASION ROBBERY 812.135(2)(A) Life 11/03/2012

Events & Orders of the Court
DISPOSITIONS

04/08/2013
Plea 
3. THEFT
Nolo Contendere
4. THEFT
Nolo Contendere
5. THEFT
Nolo Contendere
6. CR-AGGRAVATED BATTERY WITH A DEADLY WEAPON
Nolo Contendere
04/08/2013
Disposition (Judicial Officer: 
1. BURGLARY OF A DWELLING
Nolle Prosequi (NC)
2. AGGRAVATED BATTERY (GREAT BODILY HARM)
Nolle Prosequi (NC)
3. THEFT
1 – Adjudicated Guilty
4. THEFT
1 – Adjudicated Guilty
5. THEFT
1 – Adjudicated Guilty
6. CR-AGGRAVATED BATTERY WITH A DEADLY WEAPON
1 – Adjudicated Guilty
7. HOME INVASION ROBBERY
Nolle Prosequi (NC)
04/08/2013
Adult Type – Criminal Non Citation (Judicial Officer:
11/03/2012 (TDF) 812.014(2)(C)(5) (812.014(2)(C)(5))
Confinement (Effective 04/08/2013, Min. Not Applicable, Max. 3 Yr , Department of Corrections)
Credit for Time Served: 143 Days
Sentence Status (Concurrent, Any active sentence being served)
Provisions (
Provisions Confinement or Fine)
Restitution ($30.00 )
04/08/2013
Adult Type – Criminal Non Citation (Judicial Officer:
4. THEFT
11/03/2012 (TDF) 812.014(2)(C)(5) (812.014(2)(C)(5))
Confinement (Effective 04/08/2013, Min. Not Applicable, Max. 3 Yr , Department of Corrections)
Credit for Time Served: 143 Days
Sentence Status (Concurrent, Case #: 2012-CF-…….A-O, Counts: 3)
Provisions (
Provisions Confinement or Fine)
04/08/2013
Adult Type – Criminal Non Citation (Judicial Officer: 
5. THEFT
11/03/2012 (TDF) 812.014(2)(D) (812.014(2)(D))
Confinement (Effective 04/08/2013, Min. Not Applicable, Max. 3 Yr , Department of Corrections)
Credit for Time Served: 143 Days
Sentence Status (Concurrent, Case #: 2012-CF-…….A-O, Counts: 4)
Provisions (
Provisions Confinement or Fine)
04/08/2013
Adult Type – Criminal Non Citation (Judicial Officer: 
6. CR-AGGRAVATED BATTERY WITH A DEADLY WEAPON
11/03/2012 (SDF) 784.045(1)(A)(2) (784.045(1)(A)(2))
Confinement (Effective 04/08/2013, Min. Not Applicable, Max. 3 Yr , Department of Corrections)
Credit for Time Served: 143 Days
Sentence Status (Concurrent, Case #: 2012-CF-014960-A-O, Counts: 5)
Provisions (
Provisions Confinement or Fine)

Other Sentences:

5. THEFT
05/13/2011 (TDF) 812.014(2)(C)(5) (812.014(2)(C)(5))
Confinement (Effective 03/04/2013, Min. Not Applicable, Max. 20 Mo , Department of Corrections)
Credit for Time Served: 1 Yr 282 Days
Provisions (
Provisions Confinement or Fine,
Other Court Restrictions/Judicial Warning)
Sentence Status (Concurrent, Case #: 2011-CF-……..-B-O, Counts: 005-006)
03/04/2013
Adult Type – Criminal Non Citation (Judicial Officer:
6. THEFT
05/13/2011 (TDF) 812.014(2)(D) (812.014(2)(D))
Confinement (Effective 03/04/2013, Min. Not Applicable, Max. 20 Mo , Department of Corrections)
Credit for Time Served: 1 Yr 282 Days
Sentence Status (Concurrent, Case #: 2011-CF-……..-B-O, Counts: 005-006)

Our American Justice System at work!


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