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I’ve been thinking about the differences between practicing in SF and West Palm. Florida is a uniquely terrible place all around big especially in criminal punishment. Random differences I think about that most definitely impact the outcome of cases. (1/x)
1. The “scoresheet.” In FL, most felonies end up having some sort of mandatory minimum sentence. For every felony, a sheet is generated that dictates whether someone “scores” prison. The judge cannot deviate from the months in prison listed in the scoresheet absent a legal basis.
1a. The legal bases outlined in the statute are incredibly limited and judges rarely find they’re applicable.
2. More people out of custody pretrial in SF. In most FL courtrooms if you fail to appear in court, you’re being held no bond. It’s legally permissible and judges often don’t budge. Same for violations of probations.
3. Drug cases. The possession of any substance more than 20g of marijuana is a felony in Florida. This means that scoresheet I mentioned above applies. People end up in prison for minor possessions. We’re talking one pill, half a gram of cocaine. Prison is a real possibility.
4. Theft cases. A theft of items work $750 or more is a felony grand theft. And if you have two prior petit thefts (less than $750) then the subsequent thefts can be charged as felonies. Then that scoresheet comes into play.
5. Prison release reoffender. If you are charged with an enumerate offense (in the statute) within three years of completing a prison sentence, then you must serve the statutory maximum and you don’t get any gain time.
6. Direct filing. In Florida, prosecutors have absolute discretion with no checks and balances from the courts (some states require hearings) to charge children as adults for eligible offenders. The children are taken to adult jail and face adult penalties.
7. Mental health defenses. California has two particularly great jury instructions that very rightly outline how someone who is mentally impaired cannot form criminal intent (to roughly summarize).
8. Driving cases. Not paying court costs and fines can suspend your driver’s license in Florida. If you are convicted of three driving with license suspended cases, your license is suspended for 5 years, you can face mandatory jail, and the case can be filed as a felony.
8b. A conviction for possession of any substance also requires license suspension by law. So that half gram of crack cocaine that you weren’t even using while driving, means you can’t drive to work for 6 months. And if you do and get caught (see 8).
California has its own bullshit, to be clear. Lifetime sex offender registration for misdemeanors was always the biggest thing for me. And I practiced in SF which is arguably the most liberal city for criminal defense. I don’t think that’s the case everywhere in CA.
