Plea deals can be a valuable tool for anyone charged with a crime in Florida. These arrangements allow a person to start to move on with his or her life after being charged with a Florida gun crime or another offense by working out a resolution that often includes a lesser punishment in exchange for pleading guilty. It is important, however, for anyone considering a plea deal to understand that the punishment can be enhanced if you don’t abide by the terms of the deal. Florida’s Fifth District Court of Appeal recently took on the case of a Florida man who was thrown behind bars after allegedly violating the terms of his house arrest.The defendant entered into a plea deal with Florida prosecutors after he was charged with armed robbery, grand theft, and petit theft. He agreed to plead guilty to the grand theft charge, and the prosecutors agreed to drop the other charges. He was sentenced to two years of supervised house arrest, followed by three years of probation. As part of the house arrest, he was required to stay at his home and permitted to leave the property only for school, work, community service, and other limited purposes.
The defendant was later charged with violating the terms of his release by leaving the residence without an approved reason and failing to submit to electronic monitoring. Following a hearing, he was sentenced to three years in state prison. The judge said the defendant posed a threat to the community, based partly on some of the original allegations against the defendant in the robbery and theft case. He appealed the decision, arguing that the judge should not have taken into account any allegations related to the charges that were dropped. The Fifth District agreed in part.
The court explained that the defendant was originally charged with using a firearm to commit the alleged robbery, but he was later convicted of grand theft. Since grand theft doesn’t require the use of a firearm, the court said the trial judge should not have considered evidence that the defendant used a gun to commit the original crime in setting his sentence.
“The trial court’s consideration of the firearm possession was foreclosed by the State’s decision not to proceed on the charges that alleged possession of a firearm,” the court said.
The court rejected the defendant’s request to impose a new sentence that doesn’t involve prison time, however. Instead, it sent the case back to the trial judge to consider the appropriate punishment.
If you or a loved one has been charged with a crime in Florida, it is essential that you seek the advice and counsel of an experienced defense lawyer. Clearwater probation violation attorney Will Hanlon is a seasoned lawyer who fights aggressively on behalf of clients charged with a wide range of offenses. Call our offices at (727) 897-5413 or contact us online to speak with Mr. Hanlon about your case.
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