ESAS©® Results: Plea-bargains & Sentencing Hearings

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ESAS©® - Balancing the Scales of Justice!

  

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.


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


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.”

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.” 

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.” 

What is being said about ESAS©®

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Attorneys and Judges Talk ESAS©®


Venues: ESAS©® is actively being used, has been deployed and/or utilized 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."


Letter from Chief Judge Charles E. Williams, 12th Judicial Circuit, Sarasota, Florida. 


Letter from Attorney Julie Holt, Public Defender, 13th Judicial Circuit, Tampa, Florida.


Letter from Attorney Mitch Stone, 4th Circuit, Jacksonville, Florida.


Letter from Attorney Barry Wax, 11th Circuit, Miami, Florida.