Criminal charges can be scary, especially if the penalties could be in life in prison or a death sentence. Sarasota criminal defense attorney Erika Valcarcel has more than 13 years of legal experience. She will aggressively fight for you in court, and she will work to obtain the best possible outcome in your case. Call her today at (941) 363-7900.
The state of Florida currently houses almost 400 individuals who have been sentenced to death. Such figures are second only to California. Florida is also among the few states that have actively implemented the death sentence in recent years. However, a U.S Supreme Court decision made earlier this year means inmates currently on Florida death row may have their sentences changed to life imprisonment without the possibility of parole.
Florida’s Sentencing Process Deemed Unconstitutional
The U.S Supreme Court recently considered the constitutionality of the sentencing system in Florida. What existed was a procedure in which a judge, not a jury, could make the final decision regarding sentencing. While a jury could issue an “advisory sentence,” only a judge was required to provide written reasons that a defendant was being sentenced to death. The Court ruled that the practice was unconstitutional.
Unfortunately, the decision of the U.S. Supreme Court has created confusion. The current law has been changed significantly; however, there is a difference in opinions as to the application of the decision and new law to current cases associated with individuals on death row. Some people believe that the decision was not intended to apply retroactively to inmates currently on death row. However, others argue that all sentences in which a judge made the final decision regarding a death sentence are unconstitutional and should be changed. The issue is currently unresolved.
Is There Hope for Florida Death Row Inmates?
In response to the U.S. Supreme Court ruling, a group of legal scholars filed an amicus brief in the Florida Supreme Court to determine the questions surrounding the sentences of people currently on death row. They claimed many prisoners should have their death sentences replaced with sentences of life in prison without parole. Those prisoners are entitled to a sentence reduction if their death sentences was unconstitutional.
In opposition, many claim that the U.S. Supreme Court did not deem the death penalty to be unconstitutional, just the system that governs its imposition. Thus, the attempt to reduce sentences is unfounded.
Until the confusion is sorted out, the execution of the death penalty is at a standstill. The outcome of the Florida Supreme Court decision will significantly affect the lives of those currently on death row.
How a Sarasota Criminal Defense Attorney Can Help You
Despite the confusion regarding prior sentences, the current law regarding death penalties has been changed. Going forward, a judge cannot overrule a jury. If you have been charged with a crime, regardless of the possible penalty, Sarasota criminal defense attorney Erika Valcarcel can help. Call her at (941) 363-7900 to find out your legal options.
View All Blogs"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
Joni A. | Sarasota County
Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
