Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2010
    Location
    Tampa, FL
    Posts
    4

    Default Reducing Court Fines

    My question involves criminal law for the state of: Florida

    Family member took a plea agreement as a youthful offender and pled guilty to Drug Trafficking less than 14 gram of controlled substance. He was sentence was court ordered-drug rehab, $50,000 fine and 2 years probation after completion of rehab. He has been in rehab 8 months and expects to get out in April. His Probation Officer visited him in rehab and told him when he gets out of rehab, he has 30 day in which to pay 2812.00 per month toward the court fine or he will be in violation of parole. There is no way he or his family can afford these payments. How does he get them reduced? Anything else he can do?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,882

    Default Re: Reducing Court Fines

    Florida imposes large, mandatory fines against persons the legislature deems to be dealing in significant quantities of drugs. The best way to get a reduction appears to be cooperation with the authorities; the statute doesn't appear to give the judge discretion. I suggest that he consult local counsel about his options.
    Quote Quoting Florida Statutes, Sec. 893.135. Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.
    (1) Except as authorized in this chapter or in chapter 499 and notwithstanding the provisions of s. 893.13:
    * * *

    (c)
    1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b) or (2)(a), or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as "trafficking in illegal drugs," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
    a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

    b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years, and the defendant shall be ordered to pay a fine of $100,000.

    c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
    * * *
    (f)
    1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2)(c)4., or of any mixture containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid, or ephedrine in conjunction with other chemicals and equipment utilized in the manufacture of amphetamine or methamphetamine, commits a felony of the first degree, which felony shall be known as "trafficking in amphetamine," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
    a. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

    b. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

    c. Is 200 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
    * * *
    (g)
    1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a) commits a felony of the first degree, which felony shall be known as "trafficking in flunitrazepam," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
    a. Is 4 grams or more but less than 14 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

    b. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

    c. Is 28 grams or more but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years and pay a fine of $500,000.
    * * *
    (j)
    1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 10 grams or more of any of the following substances described in s. 893.03(1)(a) or (c):
    a. 3,4-Methylenedioxymethamphetamine (MDMA);
    b. 4-Bromo-2,5-dimethoxyamphetamine;
    c. 4-Bromo-2,5-dimethoxyphenethylamine;
    d. 2,5-Dimethoxyamphetamine;
    e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
    f. N-ethylamphetamine;
    g. N-Hydroxy-3,4-methylenedioxyamphetamine;
    h. 5-Methoxy-3,4-methylenedioxyamphetamine;
    i. 4-methoxyamphetamine;
    j. 4-Methyl-2,5-dimethoxyamphetamine;
    k. 3,4-Methylenedioxy-N-ethylamphetamine;
    l. 3,4-Methylenedioxyamphetamine;
    m. N,N-dimethylamphetamine; or
    n. 3,4,5-Trimethoxyamphetamine,
    individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-n., commits a felony of the first degree, which felony shall be known as "trafficking in Phenethylamines," punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

    2. If the quantity involved:
    a. Is 10 grams or more but less than 200 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered to pay a fine of $50,000.

    b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered to pay a fine of $100,000.

    c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of $250,000.
    3. Any person who knowingly manufactures or brings into this state 30 kilograms or more of any of the following substances described in s. 893.03(1)(a) or (c):
    a. 3,4-Methylenedioxymethamphetamine (MDMA);
    b. 4-Bromo-2,5-dimethoxyamphetamine;
    c. 4-Bromo-2,5-dimethoxyphenethylamine;
    d. 2,5-Dimethoxyamphetamine;
    e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
    f. N-ethylamphetamine;
    g. N-Hydroxy-3,4-methylenedioxyamphetamine;
    h. 5-Methoxy-3,4-methylenedioxyamphetamine;
    i. 4-methoxyamphetamine;
    j. 4-Methyl-2,5-dimethoxyamphetamine;
    k. 3,4-Methylenedioxy-N-ethylamphetamine;
    l. 3,4-Methylenedioxyamphetamine;
    m. N,N-dimethylamphetamine; or
    n. 3,4,5-Trimethoxyamphetamine,
    individually or in any combination of or any mixture containing any substance listed in sub-subparagraphs a.-n., and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of Phenethylamines, a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1.
    (2) A person acts knowingly under subsection (1) if that person intends to sell, purchase, manufacture, deliver, or bring into this state, or to actually or constructively possess, any of the controlled substances listed in subsection (1), regardless of which controlled substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or brought into this state, or actually or constructively possessed.

    (3) Notwithstanding the provisions of s. 948.01, with respect to any person who is found to have violated this section, adjudication of guilt or imposition of sentence shall not be suspended, deferred, or withheld, nor shall such person be eligible for parole prior to serving the mandatory minimum term of imprisonment prescribed by this section. A person sentenced to a mandatory minimum term of imprisonment under this section is not eligible for any form of discretionary early release, except pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum term of imprisonment.

    (4) The state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person's accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. The arresting agency shall be given an opportunity to be heard in aggravation or mitigation in reference to any such motion. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance.

    (5) Any person who agrees, conspires, combines, or confederates with another person to commit any act prohibited by subsection (1) commits a felony of the first degree and is punishable as if he or she had actually committed such prohibited act. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1).

  3. #3
    Join Date
    Sep 2010
    Location
    Tampa, FL
    Posts
    4

    Default Re: Reducing Court Fines

    I understand the statute, however he was sentences as a Youthful Offender. Under the Florida sentencing guidelines, mandatory fines should not have even been imposed to begin with. See: Inman v. State, 842 So. 2d 862 (Fla. Dist. Ct. App. 2d Dist. 2003) ($50,000 drug trafficking fine prohibited); Mendez v. State, 835 So. 2d 348 (Fla. Dist. Ct. App. 4th Dist. 2003) (3-year minimum mandatory and $50,000 fine for drug trafficking cannot be imposed on defendant sentenced as youthful offender);

    1. Sponsored Links
       

Similar Threads

  1. Sentencing: Not Paying Court Ordered Fines
    By Jmeva in forum Criminal Procedure
    Replies: 1
    Last Post: 05-16-2010, 12:41 PM
  2. Reducing Support Without Court
    By Human ATM in forum Child Support
    Replies: 5
    Last Post: 12-30-2009, 01:13 PM
  3. Bail, Bond and Pretrial Release: Mistake on Court Fines
    By dantheman9685 in forum Criminal Procedure
    Replies: 2
    Last Post: 09-11-2009, 12:38 PM
  4. Sentencing: Do I Have to Pay Court Fees on Top of Fines if Convicted
    By fluffycloud in forum Criminal Procedure
    Replies: 1
    Last Post: 08-02-2009, 02:43 AM
  5. Drug Possession: Court Fines and Assessment Screening
    By buzzk12 in forum Criminal Charges
    Replies: 2
    Last Post: 05-22-2009, 10:07 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document