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what can I be facing at trial with score points of 16

1 Answers. Asked on Mar 21st, 2017 on Criminal Law - Florida
More details to this question:
I am on PTI for forgery and they gave me 18 months to complete 50 hours and pay restitution, along the way I've had a couple of bumps in the road that did medically prevent me from completing hours on time. So my probation office gave me a day to complete them by but he calls me 3 days before and tell me to turn them in and have the money paid or he was gonna send me back to court. I falsified 3 hours. and turn them in to him because I knew I wasn't gonna have it completed before the day out. So I actually ended up finishing them by the original date he gave me. But he already had called the place in tried to verify hours in they told him they didn't have a record of me being there on those days. When I got them completed on the date he originally gave me, The owner of the place called him to let him know i completed them and extra. And Also the restitution he required I payed the whole thing plus extra and I got a job while on Pti and am in school. Stop following question Edit questio
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Answered on Mar 22nd, 2017 at 5:19 PM

Under Florida law, the judge may sentence a defendant to the maximum penalty regardless of the points on the Criminal Punishment Code Scoresheet.  "If total sentence points are less than or equal to 44, the lowest permissible sentence is any non-state prison sanction."  (Note:  that's the lowest, not highest, sentence that the court can impose.)  

If the crime for which the Defendant is being sentenced is classified as a "non-forcible"  third degree felony that occurred on or afater July 1, 2009 (and not of a sexual nature) and total sentence points are 22 points or less, the court may be required to give the Defendant a non-state prison sentence -- unless the judge states in writing the reasons why a nonstate prison sanction would present a danger to the public.  (See section 775.082(10) of the Florida Statutes.

It seems you may have some mitigation factors that could be useful -- but the fraudulent reporting of work hours may negate most of the good.  That will depend upon the judge (and may also be impacted by your probation officer and the prosecutor).

 

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