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What You Need to Know About Vindictive Sentencing

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Vindictive sentencing occurs when a judge imposes a harsher sentence as a form of retaliation—often in response to a defendant’s decision to reject a plea offer or exercise their right to a trial. In Florida, this practice is not only unjust, but it is also illegal. Fortunately, Florida courts have established certain tests and safeguards to protect defendants from this type of unfair treatment. The best defense against vindictive sentencing is having an experienced Tampa criminal defense attorney like Rocky Brancato of the Brancato Law Firm, P.A. in your corner. In this blog post, we’ll explore the key principles surrounding vindictive sentencing and how you can protect yourself if you suspect it may be occurring in your case. Table of Contents The Totality of the Circumstances Test Florida courts use the “totality of the circumstances” test to assess instances of potential vindictive sentencing. This test, outlined in Wilson v. State 845 So. 2d 142 (...

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Rocky West Brancato

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1768415259

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