Motion for Downward Departure | Florida Statute 921.0026

Motion for Downward Departure | Florida Statute 921.0026

Florida Statute 921.0026(1) authorizes the court to take into account mitigating elements in order to establish whether or not a downward departure from the advised sentence on the sentencing score sheet is justified. Florida Statute 921.0026(two) sets forth the statutory mitigating aspects and subsection 3 states that substance abuse and addiction are in no way to be utilised as […]
Published at Mon, 30 Might 2016 20:26:37 +0000

Probation Violation | Technical Violation

Probation Violation | Technical Violation

In Mobley v. State, The 4th District Court of Appeal held that a warrant alleging a technical violation of probation is not a warrant issued pursuant to Florida Statute 901.02.  Accordingly, with no a notice to seem or an arrest on the probation violation, a warrant alleging a technical violation is insufficient to toll the probationary [&#8230]
Published at Wed, 04 May 2016 03:42:17 +0000