Jacksonville Criminal Attorney Blog

If you have been arrested for a felony in Jacksonville and enter a plea to a felony charge, you are entitled to a presentence investigation report, also called a PSI. The Florida Department of Corrections prepares these reports and they are to aid the judge in making a determination of a defendant' sentence. These reports contain:

1. A complete description of the circumstances surrounding the crime

2. Information about the defendant's criminal history

3. The defendant's educational history

4. The defendant's employment history

5. The defendant's financial status

6. The social history of the defendant. (family, etc.)

7. Residence History

8. Medical History

9. The victim's loss or injury.

10. The defendant's criminal defense lawyer's statement.

At the end of the report, the evaluator makes a recommendation to the court about the sentence. The judge can choose to follow the recommendation or not.

When you are arrested on criminal charges in Jacksonville or anywhere in Florida, you will have a scoresheet. The prosecutor scores out the offense you are charged with and adds in points for crimes you have been convicted of in the past. Your "score" is a guide or recommendation for the court to follow. The prosecutor can "waive" the guidelines allowing the judge to sentence you to below the recommendation.

If the prosecutor does not waive the guidelines, the judge can depart from them on their own if he or she considers all aggravating and mitigating factors in your case. If a judge wants to go above the guidelines, some aggravating factors to consider are:

1. The defendant committed multiple crimes in separate episodes.

2. The crime was particularly heinous or cruel.

3. The crime was committed less than six months from a defendant's release from prison on
another charge.

4. The defendant was the leader of a criminal organization.

5. The defendant was an elected official and used his or her office as a cover.

6. The victim was vulnerable because of his or her age or a disability.

If a judge wants to depart downward (give a sentence less than the guidelines), some mitigating factors to consider are:

1. The defendant was a minor participant in the crime

2. The defendant's mental capacity to understand the criminal aspects of his or her behavior was impaired.

3. The defendant has a mental condition that requires special treatment.

4. The ability to pay back the restitution to the victim outweighs a prison sentence.

5. The victim of the crime was a willing participant, aggressor, or otherwise provoked the incident.

6. At the time the crime was committed, the defendant was too young to appreciate the consequences of his or her behavior.