Pinellas County Florida Criminal Lawyer Blog

In one of the more postitive stories of the day, a 50 year old woman, convicted as a habitual offender who has spent the last 20 years in prison - has had her sentenced reduced by Governor Crist and the Executive Clemency Board.  

How does that work?  A person makes an application to the Board and through a somewhat long process, and the Board (made up of the governor, attorney general, CFO, and agriculture comminsoner) decide whether or not the person is eligible.  

To be pardoned is really nothing short of a miracle.  According to the Clemency website, there are 153,190 persons have been granted their civil rights as of September 2010.  I'm not sure if that number is from the beginning of time (the law allowing the restoration of civil rights was enacted in 1968), or just this year.  But that's merely the restoration of civil rights, not communtation of sentences.  I can recall just two of those this year. And there's over 100,000 people in prison.  

According to reports, Ms. Baker was a model inmate - taking advantage of the few programs offered in Florida Department of Corrections - as well as being a mentor to other inmates. 

She applied to the Executive Clemency Board, got the support of Florida Legislator Darryl Rouson, as well as her friends and family. The Board realized that a 50 year sentence for trafficking drugs, for this "model inmate." was unfair.  (I think it's unfortunate the legislature hasn't realized that in all cases.)

What happens when you're pardoned?  The crime doesn't go away, it's not like sealing or expunging (which by the way, very few people are eligible for either). But your civil rights are restored so you can vote and hopefully, restore some semblance of a normal life. 

People make mistakes, and clemency should be offered in more cases.  But if you're looking to apply - get some political heavy hitters on your side.  And do it quick - before Rick Scott and his grandiose prison reform get in.  

I handle alot of juvenile cases.  Almost every time a parent calls me about their child who has been arrested they say that the crime will be erased from their records when they turn 18.  The parents have been told this by the police when the child is arrested, by the teachers in a school, and by other parents.  This is not true - never has been - never will be.  And the worst part is, that if the kid has a prior record and is over 14 years old, the State has the discretion to file the charges in adult court.  Which means the kid can go to PRISON.  And if there's a gun involved in the crime, the kid almost always does. 

Last week in Dade City, a 15 year old boy was sentenced to 4 years in prison for the 2008 burglary of a convenience store and shooting a Pasco County deputy. His name is Robert Green.  I was in court several weeks ago when he was also there, and his mother was sitting in the courtroom.  She was clearly worried and distraught and her voice shook when she spoke. Green was charged as an adult and was looking at 15 years in prison.  After trial, he was acquitted of the attempted murder charge but not of the burglary. 

When the boy was sentenced, there were other juveniles sititng in the courtroom awaiting their fates on various criminal charges. If you sit in the courtroom, you might be surprised at how uninterested these other kids are in the proceedings. Most of the time they don't appear to be listening.  Perhaps the judges realize this too. 

Circuit Judge Pat Siracusa, after sentencing Mr. Green to four years in prison, asked him to talk to another kid in the back of the courtroom who seemed to be following a similar path.  This did two very important things:  It woke up the other kids in the courtroom who were definitely paying attention when a boy their own age was allowed to talk - and it gave Green a voice, showing the judge respected him enough to give him a voice, even when he was seemingly unworthy of it.