Legal Question in Criminal Law in Florida

1983 Guidelines in Florida

On 1st October 1983 guideline sentencing was introduced to Florida, and the old parole-eligible sentencing laws were discontinued. If an offender committed a crime in December 1982 and was sentenced on 26th September 1983 would the offender have the choice of choosing pre 1st October 1983 parole-eligible sentencing or post 1st October 1983 Guideline sentencing? I have asked this question of many lawyers and their have been conflicting answers. I need written proof as to which is correct as this information could lead to an offender being released from a life sentence?


Asked on 10/16/02, 8:54 am

1 Answer from Attorneys

Eric Dirga Eric J. Dirga, PA

Re: 1983 Guidelines in Florida

If you want a definitive answer I would suggest that you hire an attorney. Your question requires a bit of legal research to be accurate. Today the offender is sentenced under the laws that were in effect at the time of his or her offense. I believe the Constitutional prohibition to ex post facto laws applies.

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Answered on 10/16/02, 11:39 am


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