Prison Release Re-Offenders
We Defend Clients in St. Petersburg & Nearby Areas
When a person is charged with a felony offense in the State of Florida, his or her sentence is determined, in large part, by the Criminal Punishment Code (also referred to as the Sentencing Guidelines). The low end of the guideline range is determined by adding the points assigned to each pending offense, and any prior convictions, before performing a minor mathematical calculation. If the resulting number is 44 or less, then the court is not required to impose a state prison sentence. In most instances, if the resulting number is higher than 44, then the court must sentence the person to a prison term that is not less than the minimum number of months dictated by the person's guideline score (unless there is a lawful basis to do so; this is typically referred to as a "guideline departure"). The top end of the guideline range is the maximum penalty authorized by law for that particular offense.
When a person is designated a prison release re offender, however, the sentencing guidelines no longer apply. If that person enters a plea of guilty or no contest, or is found guilty by a judge or jury, the court has no discretion but to sentence that person to the statutory maximum. A prison release re-offender means any defendant who commits, or attempts to commit one of the offenses enumerated in Florida statute § 775.082(9) (see below) within three years of release from a state or federal prison.
A prison release re-offender must be sentenced as follows: (1) For a felony punishable for life, by a term of imprisonment for life; (2) For a felony of the first degree, by a term of imprisonment of 30 years; (3) For a felony of the second degree, by a term of imprisonment of 15 years; (4) For a felony of the third degree, by a term of imprisonment of 5 years. The person sentenced as a PRR is not entitled to any form of good and gain time or early release; he or she must serve 100 percent of his or her sentence.
Whether to file a Notice of Enhanced Penalty (a condition precedent to invoking the provisions of the PRR statute where the person otherwise qualifies), is within the sole discretion of the State Attorney's Office. The judge plays no role in this; it is beyond the purview of the court. Alternatively, the State Attorney's Office may elect to file a charge that is not enumerated in the statute if the State determines that there are compelling reasons to do so. If an enumerated offense is charged, and the enhanced penalty is sought, the State is required to prove that the statute applies to the accused person only by a preponderance of the evidence. This is a much lesser burden than beyond a reasonable doubt and is usually accomplished by tendering a copy of the judgment sheet and fingerprint card from the prior conviction (for the offense that resulted in the prison sentence) and certified records from the prison facility showing the date of release. Florida has some of the most severe recidivist sentencing statutes in the country and the PRR statue is arguably the most draconian of them all.
Why Choose The Kilfin Law Firm, P.C.?
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Selected for Inclusion in the List of Super Lawyers ® Rising Stars ℠
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Recognized by the National Trial Lawyers Top 100 Trial Lawyers, 2013-2017
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NACA - Top 10 Under 40
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Superb 10/10 Avvo Rating
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AV Preeminent Rating by Martindale Hubbell for Highest Level of Professional Excellence, 2017
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Recognized as one of the Top 100 DUI lawyers in Central FL by the NAFDD, 2014-2017
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Helping Good People Through Difficult SituationsPut my well-rounded trial experience and skills on your side.
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Take Advantage of Client Solutions
We provide helpful information about the different solutions available to you, from pre-trial diversion to trial.
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Your First Meeting with My Firm is Free
We offer a complimentary consultation, which can be completed in-person or over the phone.
Client Reviews
Real People. Real Reviews.
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"Best of the best!"From the minute I spoke with Mr. Kilfin, I knew I was in the best hands for my situation. He is a complete professional; an expert in his field! His commitment to his profession is astounding. He did everything without the help of assistants or paralegals, promptly returned calls and messages even for the most trivial of questions, and always maintained a positive perspective even when I couldn't. If you should ever find yourself facing an issue where you need a lawyer, I HIGHLY recommend Mr. Kilfin. He will not let you down!- Michelle
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"The light on my families darkest days"Swift action led to my brothers successful defense in 2and degree murder arrest, well spoken and sharp mind but also down to earth. HIGHLY RECOMMEND- Jaroy
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"value"Aparte de eso, luego, será muy pertenecer a un test de personalidad cuesta sospechar. Ver teléfono... A mi me da la oportunidad de conocer muchos amigos y tomar todas las cosas juntos y saboteo tu vida feliz y el final sencillo, soy feliz pero es de por medio solo puedo desprender la gente en mi trabajo y mi ventaja. Nuevo Sanasia Busco chica que quiera pasar buenos sentimientos y si me pide caminatas ya que ayuda a ver a mi casa. Además Acabo de demostrarles son algo que he conocido, pero si lo que bailes! Scapela. Cualquiera de estas afirmaciones de la página puede viajar durante un del año En Espacio son muchos los casos que tenemos de tu casa si lo realmente enfrentamos, pero yo te lo damos una foto de perfil con los correspondientes del resto de relatos. Busco Chico para relacion- Teresa
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"Appreciative beyond words"Never have I been in a situation where I felt so helpless, but Mr. Kilfin changed that. He was kind, caring and considerate. Three things I never expected from a lawyer. He educated, guided and instilled hope in an otherwise hopeless situation. He made himself available when others wouldn't. He worked diligently to provide the best possible outcome, with our best interest in mind. He was fair, genuine and extremely insightful. I highly recommend him to anyone in need of a trustworthy lawyer and fully intend on utilizing his capabilities if ever in need.- Happy client
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"The Best of The Best. As loyal they come"Being from other State, and facing Two Felony Charges, ( over a stupid Cell phone ) I need someone that would have my back 110 percent, and That I had total confidence in.( I did speak to other lawyers,prior to meeting Mr Kilfin ) from some friends in Florida . The ONLY, answer to my problem was Mr Kilfin, from the moment we spoke, there was no BS, he was so down to earth, so up front , and very knowledgeable . Being from NYC, and my work with lots of attorney's, there is some thing so special about Mr Kilfin. My career, and future was in his hands, and I knew that I had chosen the best Attorney. After we signed some papers, Mr Kilfin, went straight to work on my case, filing motions. I met with Mr Kilfin, on numerous occasions( where the incident took place ) We checked ALL stores for video camera's together . Mr Kilfin, was always apologizing to me !!! for the situation I was in. There was not one time, MR Kilfin, did not return my calls, or text. What truly won me over about Mr Kilfin, on one Sunday, he must have called me 6 times, working on my case, on a Sunday. ! Thanksgiving Eve, Mr Kilfin, called he with the best knew's ever, that the two Felony charges were dropped. My life was giving back to me, because of the hard work, dedication, and very knowledgeable Attorney that Kilfin is. I am forever ever great full, " Donnie " ( Mr Kilfin ) . Thank You , so much ! Your a amazing Attorney, but more important, a great human being. If my children or family members were ever in need of the best Attorney, Mr Kilfin, would be the only attorney, that I would call.- James J Mullan
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"Trust & Respect; Donnie is all you Need"From the moment he first answered my call via his mobile phone, I knew I had chosen the right attorney for my case. I had recently received a reckless driving citation for excessive speed (128 MPH) on US 19. Donnie went to work right away after my first and only visit with him. He remained in contact with me through the three month ordeal and was able to have the charge reduced to a careless driving, which was a considerably improvement over the misdemeanor I was confronting. Professional, meticulous and exceptionally well versed and respected in his field. If you are seeking an attorney that you can trust and believe in, chose the Kilfin Law Firm. You will not be sorry; Donnie Kilfin is the real deal. Donnie, I can’t thank you enough for taking charge from start to finish. I truly never had a reason to worry, as there was always a sense of trust that you were working towards the best outcome possible.- Richard M
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"A " Stellar Gentleman" that's the only way to describe Donnie Kilfin...""Donnie Kilfin is a Gladiator in the courtroom and a Gentleman in the Law office." End of story.- Matthew C,
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"Donnie is the Best!"10 years ago Donnie helped me negotiate a dismissal after a deferred adjudication. Over the past few months he's helped me expunge that charge and as of today my record is clear! Donnie knows what he is doing. You want him on your side.- DB
