Legal Question in Criminal Law in Florida
Can a judge sentence a person to more time than they score out to if they don't take their case to trial?can the state prosecute a person even if said victim does not wish to prosecute?
Asked on 11/19/16, 2:34 pm
1 Answer from Attorneys
Eric Trabin
Lucid Legal, PLLC
Yes to both. If a person scores on a scoresheet then that is the minimum that a judge can sentence, not the maximum. If a person did an open plea to the bench the judge could sentence a person to more than what they score. Likewise, the state isn't required to drop charges just because the victim doesn't want to press charges.
Answered on 11/19/16, 2:50 pm
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