Valrico, FL asked in Criminal Law for Florida

Q: Can I ask for a downward departure if I meet 4 out of the 10 requirements and I’ve never used one before?

Related Topics:
1 Lawyer Answer
Tom Murphy
Tom Murphy
PREMIUM
Answered
  • Criminal Law Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Absolutely. See Florida Statute 921.0026. Actually, you can request a downward departure even if you do not fit exactly into the departures listed in the statute. That is hard to do, but technically it is possible. But if you fit into 4 of the listed departures, then you are in good shape. Also, it does not matter whether you have used a downward departure before. You can use them time after time. That said, it is up to the Judge, so even if you fit into one, the Judge may say no. You should call an attorney to handle it if you are able.

Good Luck!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.