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    • Why ESAS?
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  • About
  • Why ESAS?
  • ESAS Successes
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  • Our Team

ESAS©® Successes: Plea-bargains & Sentencing Hearings

Reduction from 128.75 Years FSP to 12.5 Years FSP

Charge(s): 115 second degree felony counts of Viewing Child Pornography (Enhanced), carrying up to 15 years FSP per count.

State: No plea offers from the prosecutor.

Defense:  After all defense offers were rejected, the defense counsel deployed ESAS in preparation for an Open Plea and a sentencing hearing. Defense counsel used ESAS® along with other mitigation and requested a Mitigated Downward Departure of 3 to 6 years FSP, followed by probation for 25 years up to life. The state requested the bottom of the CPC, 128.75 years which is effectively a “Life” sentence.

Result:  The judge granted a mitigated downward departure of 12.5 years FSP and 25 years of probation to the defense counsel over the state’s objection.

Reasons for Downward Departure:

The sentencing judge filed a “Reasons for Downward Departure” order reflecting the following:

  • The court compared the nature and gravity of the offense and the harshness of the penalty.
  • The court compared the sentence imposed on other criminals in the same jurisdiction for similar offenses. Evidence of other judgments and sentences within an adjacent circuit were admitted into evidence where the state readily agreed to significant downward departures.
  • Fairness and justice dictate that a downward departure in this case, under these facts, is appropriate.

Reduction from 10 - 15 Years SP to 8 Years SP

Charge(s): Defendant pled straight up to DUI Manslaughter, F.S. 316.193(1), a level 8 2nd Degree Felony

Sentencing Range: 10.375 years minimum to 15 years maximum

State: The prosecutor deferred to the judge

Defense: Defense counsel requested a mitigated downward departure based upon ESAS® generated Sentencing Precedent from FDOC ESAS database

Result: – Defense counsel’s request was granted. The judge imposed a split sentence consisting of 8 years SP followed by 7 years of probation

Attorney Remarks: Defense counsel said the judge was appreciative of the knowledge ESAS provided and noted that one of the prior sentences from the data was a sentence the judge herself had previously rendered.  It certainly helped the Court to make a wise and informed decision.

Reduction from 18 Months SP to 12 Months CJ

Charge(s):  F.S. 827.071(5) –  F.S. §322.34(5) Driving While License Suspended/Revoke (Habitual Offender, a 5 year Felony) 

State:  18 months state prison 

Defense:    12 months county jail 

Result:    12 months county jail 

Note: The defense attorney said "the State was compelled by the ESAS® data, and agreed to 12 months county jail as shown from the data. No hearing was needed because the data spoke for itself. "

This ESAS® success not only shaved off six months but it also allowed the client to serve the sentence in county jail rather than state prison.

Reduction from 9.25 - 15 years SP to 3 years SP and 5 years probation

Charge(s): A jury found the client guilty of Vehicular Homicide, F.S.  782.07(1), a Level 7 2nd Degree Felony

Sentencing Range: 9.25 years minimum to 15 years maximum

State: The prosecutor deferred to the judge

Defense: Defense counsel requested a mitigated downward departure based upon ESAS® generated Sentencing Precedent from FDOC

Result: – Defense counsel’s request was granted. The judge imposed a split sentence consisting of 3 years FSP followed by 5 years of probation

Attorney Remarks: Defense counsel said the judge was appreciative of the knowledge ESAS provided as to the average sentences for the same offenses in that particular circuit as well as all 20 circuits from Pensacola to Key West. It certainly helped the Court to make a wise and informed decision.

Reduction from 15 years to 8 years

Charge(s):  F.S. 827.071(5) – Possession of 100 Photos Exhibiting Sexual Performance by a Child, Possession of Cocaine, Two Counts of Possession of Other Controlled Substance 

Sentence Range:  112 years to Life 

State: 15 years state prison

Defense:   Defense counsel secured a Custom ESAS® search of all 20 judicial circuits and made an appointment to share the resulting data/Sentencing Precedent.

Result:   After entering into plea negotiations with the prosecutor, defense shared the ESAS® generated data and was thereby able to convince the prosecutor to reduce the offer down to eight years FSP followed by 10 years of probation.

Tax-Payer savings in state prison costs: $152,200

Reduction from Life to 15 years

Charge(s): F.S. 810.145(8)(A)(2) (322 counts) F.S. 810.145(6)(B) (15 counts) and F.S. 810.145(A)(3) (13 counts) Video Voyeurism (School Official) and Video Voyeurism (Victim Under 16) grand total = 350 felonies

Sentence Range: 4,395.975 points (363.8 years FSP) = Life

State: No offer. The state refused to extend any offers – even after an extensive mitigation package and a meeting with the elected State Attorney.

Defense: Based upon the ESAS generated sentence data/precedent from all 20 judicial circuits, defense counsel advised the client to enter an open plea to the judge and request a contested sentencing hearing.

Result: After hearing arguments from the state, the defense and considering the sentencing precedent from all 20 judicial circuits reflecting the three longest sentences for video voyeurism were 15 years FSP, which effectively established a reasonable cap, the judge imposed 15 years FSP followed by 40 years sex offender probation.

Tax-Payer savings in state prison costs: $619,676

81% Reduction in Sentencing

Charge(s): F.S. 951.22 – Introducing Contraband at County Detention Facility

Sentence Range: 5 years to 5.5 years state prison

State: 4 years state prison

Defense:  Initially counter-offered 18mos but later reduced it to "any non-state prison time" after deploying ESAS®

Result: Nine months county jail, a negotiated mitigated departure from the lowest permissible sentence on the CPC.


Observation: Defense counsel said the prosecutor was adamant about the client serving 4 years on the VOP until ESAS data revealed that senior prosecutors routinely agreed to county jail sentences in such cases.


Tax-Payer savings in state prison costs: $69,459

100% Reduction in Sentencing

Charge(s) - Aggravated Battery with a Deadly Weapon w/out Intent to Kill - Open Guilty Plea to Court, followed by a sentencing hearing - agreed upon range of 0 to 15 years Florida State Prison

State - Requested 15 years state prison, the maximum 

Defense - Requested a 2 year suspended prison sentence based on ESAS©® search results

Result - Judge imposed 12 days county jail as Time Served, 2 years of Community Control (Home Detention) followed by 12 years of Probation = (No state prison)

Tax Payer savings in state prison costs: $326,145*  

85% Reduction in Sentencing

Charge(s) -  Shooting into an Occupied Dwelling, carrying up to 15 years and Criminal Mischief carrying up to 5 years for a grand total of 20 years in state prison.

State - 10 years state prison

Defense  - Community Based Drug/Alcohol Treatment. ESAS generated data (Sentencing Precedent) demonstrated no one in that circuit or in any other circuit across Florida with the exact same charges and criminal punishment code (CPC) points had ever received anywhere near 10 years.

Result - Community Based Supervision drug/alcohol treatment program with credit for 1.5 years’ time served followed by probation. No prison time whatsoever.

Tax Payer savings in state prison costs: $184,016*  

62% Reduction in Sentencing

Charge(s) - Aggravated Assault with deadly weapon without intent to kill

State - 24 months prison (18.45 months minimum mandatory)

Defense  - 12 months - used ESAS©® to prepare counter offer

Result - Time Served (9 months), modification of Probation to 1 year Community Control and 1 year standard probation

Tax Payer savings in state prison costs: $26,987*  

40% Reduction in Sentencing

Charge(s) - First Degree Felony Aggravated Child Abuse

State - Offered 10 Years State Prison  

Defense  - Used ESAS©® to find four recent cases from the same county with the same charge but lighter sentences

Result - Prosecutor came down to 6 years in state prison followed by 7 years of Probation and credit for 225 days in jail.  "This was an excellent result that saved this young man four years of his life."

Tax Payer savings in state prison costs: $86,972* 

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' 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’ 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: $65,229*

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 any Downward Departure 

Defense' 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: $86,972*

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’ 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: $2.3 M+


*According to the OPPAGA's (Office of Program Policy and Government Accountability) 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 17 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."


Reference Letters

Letter from Public Defender Charlie Cofer - Jacksonville

Letter from Trial Attorney Neil Taylor - Coral Gables

Letter from Trial Attorney Brice Aikens - Orlando

Letter from Trial Attorney Barry Wax - Miami

Letter from Trial Attorney Mitch Stone - Jacksonville

Letter from Elected Public Defender Julie Holt -Tampa

Letter from Chief Judge Charles Williams - Sarasota

Letter from U.F. Law Professor Kenneth Nunn - Gainesville

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