Mandatory Sentencing in Florida

If you are facing charges that have a minimum mandatory 3 year sentence and you are convicted is there any other option besides going to jail?

It would help if you identified the exact charge, by statutory citation.

The charges are 1.trafficking cocaine more than 28 grams but less thatn 200
2. possession of drug paraphanelia
3. manufacuring, possesion, or sale of a controlled substance

Two felonies and a misdemenor. They carry a 3 year minimum mandatory sentence if convicted.

Also they are trying to get a conviction from one single fingerprint and a heresay statement. That's all they have amd this goes to trial next week.

You were asked for statutory citations. If you choose not to get them from the court documents, find them here and let us know the statutes.

Sorry i didn't understand.

the statutes are 893.135(1B1A), 893.13(1A2), and 893.147(1)

It says that it is a mandatory sentence but can that be changed to like 5 years probabtion instead of 3 years jail?

mandatory
2 entries found for mandatory.
To select an entry, click on it.
mandatory[1,adjective]mandatory[2,noun]

Main Entry: 1man·da·to·ry
Pronunciation: 'man-d&-"tor-E
Function: adjective
1 : containing or constituting a command : OBLIGATORY <the mandatory retirement age>

what is that supposed to mean? i know what mandatory means.

Quote:

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Quoting belangesamantha

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what is that supposed to mean? i know what mandatory means.

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You seemed confused...I thought you didn't know the definition of the word. :)

I know the definition. But i've heard in circumstances when people have had a mandatory sentence but instead of going to jail they were given a longer time on probation. Like instead of 2 years jail they got 5 years probation.

That was teh question...not an english lesson.:)

That's why knowing the statute is important. Some states are pretty flexible when it comes to what constitutes a period of mandated incarceration. It appears, though, that in the context of this statute Florida is not.

Quote:

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Quoting Florida v Fulton

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We conclude that the mandatory minimum sentencing provisions of section 893.135(1)(b)1.a., Florida Statutes, apply and that the trial judge was therefore required to sentence the defendant to a minimum term of three years incarceration and a minimum fine in the amount of $50,000. Accordingly, we reverse.

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