One of the two major areas that a judge uses for departure considerations in Clearwater federal offense cases and Sentencing Guidelines is the accused individual’s criminal history. In the matrix that goes down the side and across the top is a criminal history.
On the Sentencing Guidelines score sheet, the top is prior convictions and every prior conviction can increase the person’s Sentencing Guideline Score as it moves to the right, even though the person’s guideline score may not change the amount of months attributed to the guideline score. For more information about how an increase or decrease in sentencing level can impact your case, speak with a distinguished federal offense sentencing lawyer.
Upward vs. Downward Departure in Federal Offense Cases
Upward departure considerations in Clearwater federal offense cases will increase the sentencing level and increase the sentence of an individual. The downward departure reduces the score and therefore reduces the sentence. Where the court departs upward; this will give the defendant a higher sentence and they will serve a longer time in prison. If the court has a downward departure, the defendant’s sentence can be reduced, meaning, they can spend less time in prison or maybe even get probation.
What is a Uncoerced Plea Bargain?
All plea bargains, hypothetically, are not coerced. The plea bargains are voluntary agreements made between criminal defendants and the prosecutor and presented to the judge as a plea agreement. The document states that it is freely and voluntarily done, so it is not coerced.
What is a Mitigating Circumstance?
A mitigating circumstance is considered a scenario is when someone steals some medicine because they cannot afford to buy it. An upward departure can be caused by a doctor who buys placebo drugs from Canada and gives them to their patients who have cancer and as a result, they die.
Understanding the Role of the Accused
If the accused individual is harmed by the defendant who is trying to get a departure downward, the judge may not give the defendant the downward departure because the defendant actually harmed somebody. The alleged victim can have an impact on departure considerations in Clearwater federal offense cases which are discretionary with the judge. The emotional impact of the individual or the damage done to them could impact a departure, but may not impact the Sentencing Guidelines.
Importance of Consulting an Attorney
The average person really does not have the expertise, the knowledge, or the experience to prepare such a document. A defendant needs an experienced criminal defense lawyer to do that because certain departures are recognized and accepted by the court and certain departures are not.
Some departure considerations in Clearwater federal offense cases are considered an unattainable burden. For instance, a downward departure based on the defendant’s age or health is very difficult for the Sentencing Guidelines and discourages those kinds of departures.
Individuals should not enter into a situation where they have no experience. Federal offenses are serious offenses that trigger agency-run investigations run alongside federal prosecutors who are experienced in proving defendants guilty.