Legal Question in Criminal Law in Florida

Can pre sentencing investigation change the sentencing?

If someone was found guilty of a capital crime (Sexual battery), which in FL has mandatory life, does the pre-sentencing investigator who's doing the pre-sentencing investigation have a ''say'' on what type of sentencing the criminal should get? Does mandatory life mean that the criminal will get life & no less? Or can the pre-sentencing investigator request a lesser sentence & can the judge approve it?


Asked on 9/16/02, 11:49 pm

1 Answer from Attorneys

Dan Akes C. Daniel Akes, Attorney at Law

Re: Can pre sentencing investigation change the sentencing?

A life sentence is mandatory. The judge has no chioce.

Dan

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Answered on 9/18/02, 2:05 pm


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