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*
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*
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*
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*
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
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."
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