FLORIDA JURISDICTIONS WORKING TO IMPOSE HARSHER PENALTIES FOR
CAREER CRIMINALS
Florida’s Ninth Judicial Circuit has recently established a new Career Criminal Unit to send a message to “career criminals” and repeat violent
offenders.
The team, which includes three volunteer attorneys, screens incoming felony cases for sentencing enhancements and
helps to determine which cases may qualify for harsher penalties.
Previously, it was up to the individual assistant state attorneys to determine
sentencing enhancements.
These new enhancements impose harsher penalties by allowing the judge to sentence someone beyond
what the statute allows and increase or extend it to a maximum sentence, based on how often certain crimes were committed.
Florida’s criminal law already
imposes significant sentencing enhancements on prison sentences handed down by Florida judges. The punishment structure was designed by the state legislature to severely punish repeat offenders.
Many people facing criminal charges know them and fear them. Florida’s sentencing enhancements are also known as PRR, or prison releasee re-offender, HFO, or Habitual Felony Offender, HFVO, or Habitual Violent Felony Offender, VCC is also known as a violent career criminal, three-time violent felony offender, and Florida’s 10/20/Life law.
Ninth Judicial Circuit Deputy Chief Assistant State Attorney Jamie McManus says sentencing enhancements are a crucial tool to combat repeat offenders and that it's important for people to get the message if they are continuing to victimize
others.
“With the availability of sentencing enhancements, some of them actually required, we’re able to ensure that if you’ve come through the system
multiple times, that there will be an end that there will come a time that, that was your last offense,” she said.
The hope of the new program is to seek a sentence
that reflects not only the crime but also the criminal career of that person.
It’s something criminal defense attorney Jose Rivas says will have
a direct effect on defendants.
“This is going to affect individuals who have been released from prison,” he said. “At the beginning of the case, when the individual
is charged, the state is going to make a determination whether they’re going to be seeking the enhancement.”
He says these
enhancements will mean an increase in the minimum penalties and likely, a lot more work, caseload and depositions on both sides.
Ninth Judicial Circuit
State Attorney Andrew Bain says they chose experienced attorneys for this unit
“It doesn’t take them a long time to get through the process of reviewing cases for
enhancements, and so it allows us to be multifaceted in how we’re using our staff,” he said.
The process starts soon after an arrest.
“So, when somebody is charged with a felony crime that qualifies, that’s when the unit kicks in, to review the person’s criminal record review,” said Bain.
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