Wednesday, July 10, 2024

Early Termination of Probation or Community Control

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This article summarizes the law of sentencing pertaining to early termination of probation  or community control in Florida state courts. Ho...
Tuesday, August 24, 2021

Revocation of Probation or Community Control—Failure to Pay Court-Ordered Costs or Restitution

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  Hon. William H. Burgess, III, B.C.S. Generally Trial courts have the power to provide, as a condition of probation or community control,...
3 comments:

Judicial Discretion In the Imposition of Sentence—Conditions of Confinement

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Hon. William H. Burgess, III, B.C.S. A sentencing court lacks jurisdiction and authority to regulate the treatment and placement of senten...
Saturday, April 20, 2019

Confrontation, Due process, and the Use of Hearsay: The Florida Evidence Code Was Not Meant to Apply to Sentencing

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Hon. William H. Burgess, III, B.C.S. Accuracy and integrity of fact-finding in criminal sentencing is determined by the burden of pro...
1 comment:
Monday, September 3, 2018

Sharp Practices in the Legal Profession

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Hon. William H. Burgess, III, B.C.S.   "Pettifogger" 3-D sculpture by Daniel Midholt, based on a design by Stefan Andersson...
6 comments:
Sunday, July 1, 2018

Sentence Mitigation: Acceptance of Responsibility

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Hon. William H. Burgess, III, B.C.S. A common and longstanding practice in the trial courts of Florida is to reward defendants who accept ...

Sentence Mitigation: Extraordinary Restitution

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Hon. William H. Burgess, III, B.C.S. Ordinarily, the payment or promised payment of restitution is not a basis for downward departure outs...