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?

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1 Lawyer Answer
Tom Murphy
Tom Murphy
  • 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!

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