Tampa, FL asked in Criminal Law for Florida

Q: If I committed a crime in 2006 which criminal severity guideline must the prosecution use when calculating my points?

I’m charged with a crime and I believe the prosecution is deliberately giving me more points than I suppose to have by scoring my priors under the 2018-2019 offense severity chart which is giving me more points, instead of using the chart that was in use on my priors.

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2 Lawyer Answers
Stephen Shaiken
Stephen Shaiken
Answered
  • Criminal Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: Ex Post Facto would prevent statutory punishment from being increased, so it would be the sentence scheme used at the time of alleged commission.

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: The calculation is based on priors, severity, and the time of the alleged crime. If you have a Criminal Defense attorney representing you, he should be able to explain it in detail. If you do not have an attorney, I suggest you hire one.

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