Legal Question in Criminal Law in Florida
Downward departure
My daughter has felony charges for drug trafficking. She also has past history of mental disorders.
My question is can a downward departure be used when charged with FL statute 893.135/3 with a defense of dual diagnosis. This is a first time offense for her. Will this give the Judge ruling rights over the minimum mandatory? She has already been evaluated and accepted into a treatment program. What steps should my attorney be taking to ensure this will work in her favor?
Thanks for your time
1 Answer from Attorneys
Re: Downward departure
A downward departure is allowed for mental illness, not drug addiction.Also the burden is on the defense to prove the departure. The judge decides whether he wqants to grant a departure. Please call if I can be of assistance.
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