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  1. #1
    Join Date
    Apr 2009
    Location
    Florida
    Posts
    4

    Default Rights of a Victim

    My question involves criminal law for the state of: Florida

    Our case is that where a young man 17 is charged with the following

    1) ARMED BURGLARY OF AN Occupied DWELLING Count 1
    (Home Where person was sleeping)
    2) GRAND THEFT FIREARM Count 2
    3) GRAND THEFT THIRD DEGREE ($300 - $5,000) Count 3

    This person while committing this crime was already on house arrest for other firearm crimes 6 months prior to this crime.

    FELON IN POSSESSION FIREARM JUV CONVIC
    FELON IN POSSESSION JUVENILE CONVICTION
    POSSESSION OF A FIREARM ON SCHOOL PROPERTY
    CARRYING CONCEALED FIREARM
    MINOR IN POSSESSION OF A FIREARM



    Because the evidence against him is can not be disputed. At the (victim) DISPOSITION we attended a plea bargain was discussed and agreed the best way to go.

    My questions

    How can we as the victims make sure that this young man is given the stiffest sentence possible?

    By agreeing to a plea bargain with the state and his lawyer, does this still assure us he will get the stiffest sentence possible which could be life? We are aware of how these charges are punishable and we want the max.

    Can we dispute any sentence he will get?

    Can we be assured that the ATF will also get involved and other charges come forward from them?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,303

    Default Re: Rights of a Victim

    How can we as the victims make sure that this young man is given the stiffest sentence possible?
    You can't.

    You might be permitted to make a victim impact statement, explaining how the crime has affected your life, but that's it.

    What you want has no bearing on how the law will see fit to deal with him. It's out of your control.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Rights of a Victim

    Quote Quoting sweetflagal
    View Post
    My question involves criminal law for the state of: Florida

    Can we be assured that the ATF will also get involved and other charges come forward from them?

    The ATF does not have jurisdiction in state related cases. There must be some type of US Code violation.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Rights of a Victim

    They may be hoping that the defendant will face federal weapons charges in addition to state charges.

  5. #5
    Join Date
    Apr 2009
    Location
    Florida
    Posts
    4

    Default Re: Rights of a Victim

    Quote Quoting BOR
    View Post
    The ATF does not have jurisdiction in state related cases. There must be some type of US Code violation.

    How about a Federal charge along with the state?

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Rights of a Victim

    Quote Quoting sweetflagal
    View Post
    How about a Federal charge along with the state?

    Seperate charges can be brought, yes, if both have jurisdiction, as it does NOT trigger Double Jeopardy, as each are "seperate sovereigns".

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,312

    Default Re: Rights of a Victim

    Quote Quoting sweetflagal
    View Post
    How can we as the victims make sure that this young man is given the stiffest sentence possible?
    As previously mentioned, you really can't. You can express your desires to the prosecutor and you can make an impact statement (if permitted) before or even AT sentencing, but there is no way to compel them to seek the maximum possible sentence - especially if they are seeking to obtain a plea deal, which is very common.

    By agreeing to a plea bargain with the state and his lawyer, does this still assure us he will get the stiffest sentence possible which could be life? We are aware of how these charges are punishable and we want the max.
    If the defwense is agreeing to a plea, you can bet that the maximum sentence is NOT on the table.

    Can we dispute any sentence he will get?
    Only in the media.

    Can we be assured that the ATF will also get involved and other charges come forward from them?
    Given those charges, and the fact that the state is charging him on related crimes, I doubt it. The feds tend to get involved in firearms cases where (a) the state (county) will not prosecute for whatever reason, or, (b) there is some compelling federal reason to do so. A charge of this nature is not likely to result in federal charges unless there is something unique about the individual or the weapon, or how the weapon was obtained. Most the time if the state is acting on the offense they won't even consider getting involved.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #8
    Join Date
    Apr 2009
    Location
    Florida
    Posts
    4

    Default Re: Rights of a Victim

    Quote Quoting LawResearcherMissy
    View Post
    You can't.

    You might be permitted to make a victim impact statement, explaining how the crime has affected your life, but that's it.

    What you want has no bearing on how the law will see fit to deal with him. It's out of your control.

    I am hoping that our impact statement will have a bearing. This perp is the a neighbor of ours (which makes it even more of an affect on our life). We have to live next to this perp (unless hopefully the family moves).

    BTW.....one .45 was not recovered and is still on the street. We are not comfortable with that at all. Not on a material level but on a saftey level.
    We just want the stiffist sentence so this will be a voice on firearm crimes.

    Prior to this, we had already taken steps for our protection, due to so much increase in crime. This gives us more reason for that. We are very responsible and refuse to be a victim again.

  9. #9
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Rights of a Victim

    If there is a plea bargain then the sentencing is with in the plea bargain. There for your wishes will not be considered.

    As for not feeling safe that a 45 was not recovered. Well if that was your 45 that was stolen. The only thing I have to say is that you should keep your weapons locked up better. So they can not fall into the hands of criminals.

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