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. 

What is being said about ESAS©®


Attorneys and Judges Talk ESAS©®

Venues: ESAS©® is actively being used, has been deployed and/or utilized by three Public Defender Offices, one State Attorney Office and private attorneys in 16 of Florida's 20 judicial circuits as follows: 1st, 2nd, 4th, 6th, 7th, 8th, 9th, 10th, 11th, 12th, 13th, 14th, 15th, 18th 19th and 20th.

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."