Criminal Law Questions? Ask a Criminal Lawyer.
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Good morning. What type of drugs are you asking about and does the defendant have a prior criminal history?
Can you please be more specific in regard to your question and how it related to what he is charged with? Has the State made an offer which he thinks is unreasonable? Is he facing mandatory time?
Thank you for that additional information. Any type pf mandatory minimum sentence would need to be waived by the State, if they are going to deviate from it. This can be done if the defendant is going to cooperate with the State or Police and is part of a plea deal. Moreover, the State may have amended the charges for the other defendant, pending on the facts surrounding the case and the likelihood of conviction at trial. The State has a score sheet which they fill out and give to the defendant, which shows what they are facing. Here is a copy of it and how it is calculated. http://www.dc.state.fl.us/pub/sen_cpcm/cpc_manual.pdf In addition, the prior criminal history is factored in as well. His attorney can certainly look in the court file and see if different charges were filed against the co-defendant and/or if a plea was taken and the basis for it, if disclosed.
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