ESAS©® Results: Plea-bargains & Sentencing Hearings
Plea-bargain Between Defense Attorney & Prosecutor
Charge(s) - Possession of a Firearm by a Convicted Felon, bifurcated from 2nd Degree Murder count
State - Offered 10 Years State Prison on the PFCF after defendant’s N.G. Verdict on Murder charge.
Defense - Used ESAS©® to produce sentencing data (Precedent) reflecting the average plea-bargain for PFCF was between 12 months minimum and 18 months maximum.
Result - After reviewing ESAS©® generated “Sentencing Precedent,” the lead prosecutor voluntarily agreed to reduce offer from 10 years to 18 Months State Prison.
Tax Payer savings in state prison costs: $185, 200*
Contested Sentencing Hearing After Jury Trial
Charge(s) & Trial Results - Guilty of Racketeering and Organized Fraud, Not-guilty of 1st Degree Arson
Sentencing Range - 3 years minimum to 35 years maximum
State's Position - The CPC Maximum: 35 Years State Prison
Defenses's Position - The CPC Minimum: 3 years State Prison
Result – After reviewing ESAS©® generated “Sentencing Precedent,” the Judge Sentenced client to 7 Years State Prison (a 28 year difference) over the state’s vehement objection
Tax Payer savings in state prison costs: $608,800*
Plea Bargain between State & Defense
Charge(s) – Grand Theft
Sentencing Range – 5 years minimum ___ years Maximum (Not-Specified by Attorney)
State's Position – Bottom of the Criminal Penalty Code (C.P.C.) = 5 years Florida State Prison
Defense’s Position – Prior to making any counter offer, defense counsel conducted an ESAS©® analysis and “found she would have received the highest sentence (in the 13th Circuit) for a Grand Theft"'.
Result - After reviewing ESAS©® generated “Sentencing Precedent", and a lot of motions, the State came back with 2 offers: 2 years Community Control followed by 1 year probation OR 5 years’ probation. Client took 2 years C.C. followed by 1 year probation.”
Tax Payer savings in state prison costs: $21,700*
Contested Sentencing Hearing After Open Plea to Judge
Charge(s) - Ten 2nd Degree Felony Counts Carrying 15 years each
Sentencing Range - 10 years minimum to 150 years maximum
State's Position – State Prison in excess of 6 years, Opposed Downward Any Departure
Defense's Position – No State Prison, Downward Departure & Youthful Offender Program (YOP) Sanctions
Result - After reviewing ESAS©® generated “Sentencing Precedent,” the judge sentenced client as a Youthful Offender: 2 Years, Incarceration, 2 Years Community Control, 2 Years Probation. The presiding judges articulated on the record that said sentence was imposed “over the state’s objection.”
Tax Payer savings in state prison costs: $173,900*
Contested Sentencing Hearing After Open Plea to Judge
Charge(s) – Two (2) Counts of Grand Theft +$100K
Sentencing Range – 1.8 years minimum to 30 years maximum
State's Position – 7 Years State Prison
Defense’s Position – Probation
Result - After reviewing ESAS©® generated “Sentencing Precedent,” the judge sentenced client to 22 months Florida State Prison. Defense Counsel, a Board Certified Criminal Trial Attorney, commented: “Thanks for the data. It was very useful. The judge “discussed the data so it obviously had an impact. I do believe the data helped.”
Tax Payer savings in state prison costs: $112,800*
Grand Total Tax Payer Savings: $1,102,400
*According to the OPPAGA's (Office of Program Policy and Government's) 2019 report on Florida Correctional Facilities, "the per diem of all FDC institutions, excluding private prisons, for Fiscal Year 2017-18, the most recent year available was $59.57." The per diem includes costs related to operations, health, education, and substance abuse. http://www.oppaga.state.fl.us/MonitorDocs/Reports/pdf/1908rpt.pdf
What is being said about ESAS©®
Attorneys and Judges Talk ESAS©®
Venues: ESAS©® is actively being used, has been deployed and/or utilized by four Public Defender Offices, one State Attorney Office and private attorneys in 16 of Florida's 20 judicial circuits as follows: 1st, 2nd, 4th, 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, 18th 19th and 20th.
Private Defense Attorney: "I seem to have a handle on the searches now. I really enjoy using the software; it gives instant peace of mind being able to see and compare other's sentences, seeing trends among judges, and the average severity of specific charges. It’s genius! I communicated an offer to the ASA assigned who claims the victim is persisting on a 10 year prison sentence. Our offer, after comparing sentencing precedent, was nearly 80% less off the demands of the victim. We shall see!"
Public Defense Attorney: I used ESAS to "pull the statistics for defendants with similar scores and charges as one of my clients. He had 2 PBL* violation of probations over his head and a new law arrest for 3 F2s.** My client was not understanding the gravity of the situation, and I was able to show him the numbers and show him that the State’s offer was actually slightly below what the average was for someone with his score. When he was able to see the actual data, he decided it was in his best interest to take the State’s global offer instead of risking life at a VOP hearing. It was a way to show my client the reality of the situation instead of him going on “well I heard this person only got this much time for the same thing.” ESAS reduced the client's risk from 12 to Life* plus 45** down to eight.
Private Defense Attorney: “This is an amazing tool to use. I cannot wait to sign up”
Public Defense Attorney: “Every PD needs this system”
Public Defense Attorney: ESAS©® motivates to “walk a mile in my client’s shoes”
Public Defense Attorney: “Continue your efforts to make this tool a part of every Public Defender’s office”
Circuit Judge: “…must use tool for defense bar and a great tool for judges to use to evaluate their sentencing”
Appellate Judge: After having observed a live ESAS©® demonstration, I am motivated to: "Evaluate sentencing more objectively by evaluating my own biases and developing sentences that are fair to all concerned." ESAS©® "should be presented to the Florida Circuit Court Conference and the Appellate Conference to educate judges."