Legal Question in Criminal Law in Florida

Score Sheet

About two years ago I was habitualized (habitual felony offender) but my ''score sheet'' did not score out to prison time. Is that normal? How can they habitualize me if my crimes don't equal prison time??? If I were to pick up a new charge and it STILL did not score out to prison time, could they sentence me to prison time? I don't understand the whole ''score sheet'' process and I'm wondering if someone could shed some light on it. Also, can offenses committed back in 1990 be used for scoring the ''score sheet'' now in 2006????

Thanks.


Asked on 5/11/06, 11:01 am

1 Answer from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: Score Sheet

A scoresheet just determines the minimum sentence a judge can impose. Even though your scoresheet may not have enough points to mandate prison, the Judge can always sentence you to prison, regardless of whether your scoresheet requires it.

As for being classified a Habitual Felony Offender, what this means is that if you commit a qualifying offense, the maximum sentence you could be sentenced to is increased. So if teh maximum sentence you were facing is five years, as an HFO it increases to 10 years. Finally, as an HFO you are ineligible for certain gain time and DOC programs.

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Answered on 5/11/06, 11:08 am


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