Every now and then, I get hired to represent a person who tells me that they know that they are guilty, but they need somebody to help them at their plea/sentencing hearing. This recently happened to me.
I received an inquiry from a young lady who was in desperate need for a lawyer to not only listen to her, but to also represent her before the court. She had a lawyer representing her, but this lawyer did not seem to be very interested in digging into her background and finding the good within her. I can't blame the attorney, he was probably overworked and underpaid (he was court appointed) and my client had a record that went on for several pages. Incidentally, it is never great to have a record that goes on for several pages.
Nevertheless, I agreed to represent this person and told her that I could not guarantee a result, but that I could promise her that I would do my best to present her case to the judge in the light most favorable to her. My client also was extremely motivated to help herself and to this end, she was able to provide to me the information that ultimately allowed me to find the good within my client. This information, coupled with my extensive interviewing of my client allowed me to produce a Sentencing Memorandum that I was able to provide to the court. The name of my client has been redacted, as well as the case number. However, I can assure you that this is the real deal and that as a result of my efforts, the judge changed his mind and did not sentence my client to ten months of jail. In fact, the judge disregarded my recommendation and sentenced her to only 18 months of probation plus court costs. I had recommended to the court that the sentence be two years of probation, along with 100 hours of community service.
The following document swayed the judge to reconsider the sentence to impose. The judge went against his better judgment and agreed to give her a chance. I was grateful because not only was it the right thing to do, but because with having less than a week to prepare, I think we were able to obtain the best possible result for this deserving client. I know that not only is she grateful for the opportunity to remain free, but her mother and her two and half year old daughter are grateful.
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
STATE OF FLORIDA, CASE NO.: 2011-CF-xxxxxx-B-O
Plaintiff,
v.
P. J.,
Defendant.
______________________/
SENTENCING MEMORANDUM
COMES NOW, the Defendant P. J., by and through her undersigned attorney and moves this court sentence Ms. J. for a term of probation not to exceed two years with a special condition of community service not to exceed one hundred hours and any other special conditions that this court deems appropriate. In support of granting this request, Ms. Johnson alleges the following:
1. As a result of being a previously convicted felon, Ms. J is not entitled to a pre sentence investigation. Nevertheless, this court should consider this document as an attempt to put into perspective the life of PJ and who she is standing before this court to be sentenced.
2. On July 19, 2011 Ms. J was issued a Notice to Appear for a second degree misdemeanor charge of petit theft.
3. On or about August 26, 2011 this case was administratively transferred to this docket based on the criminal history of Ms. J.
4. Ms. PJ's life is one that is demarcated by the date August 2, 2004. On this date, Ms. J made a choice upon exiting the Florida Department of Corrections prison system not to go back to a life that she lead prior to this date.
5. Prior to August 2, 2004, Ms. J's criminal conduct was extensive.
6. Ms. J's introduction to the criminal justice system started on November 19, 1991 at the age of 18 as a prostitute.
7. Ms. J lived a life of prostitution and drug use from 1991 until 2003.
8. Ms. J realized during her last period of incarceration that this was not the life that she wanted for herself and was determined to change.
9. Life has never been easy for Ms. J, this became especially true for her as she learned to live a life after prison with many doors not open to a person like her, a convicted felon.
10. Yet, she persevered and did find lawful employment.
11. Further, Ms. J continued her rehabilitation and satisfied the requirements of the State of Florida and was able to have her civil rights restored on October 7, 2005.
12. In addition to working, Ms. J realized the value of obtaining more education.
13. In 2005, Ms. Johnson discovered something that she was very good at, to wit: getting an education. On December 21, 2005, Ms. J was recognized for earning a G.P.A. that exceeded 3.75 while enrolled as a student at Valencia Community College. Ms. Johnson was starting to realize that she was in control of her life and could be proud of her hard work and accomplishment.
14. To this end, Ms. J earned certifications in business in August of 2007 and August 2008.
15. Ms. J continued with her education an in December of 2008, Ms. Johnson earned an Associate of Science Degree in Business Finance.
16. Five months later, Ms. J earned her Associate of Science Degree in Paralegal Litigation.
17. In December of 2011, Ms. J was awarded a bachelor's degree in management graduating cum
laude.
18. Ms. J was able to work and attend school while also tending to her disabled mother. Her mother was recognized to be disabled on August 1, 2010.
19. However, the most important achievement and proudest one that Ms. J wants this court to know about is the adoption of her daughter on June 21, 2010.
20. The rehabilitation that Ms. J demonstrated to the court and to the State of Florida earned her the ability to adopt her daughter.
21. As the court can see, Ms. J has lead two very different lives.
22. The issue presently before this court, is one of sentencing.
23. The court could incarcerate Ms. J for a period of up to five years in prison.
24. Ms. Jasks this court not to impose a term of incarceration for the following reasons.
25. The criminal conduct that Ms. J is guilty of is her first offense with the law since 2003. While it may seem unremarkable to state that a person has not violated the law in eight years, this court is asked to consider Ms. J's imperfect life and choices that she made prior to 2003. In the time span from 1991 until 2003, there was not year that she did not violate the law except for the time she was incarcerated in prison in 1995 for three years. Clearly, Ms. J is a changed person.
26. Ms. J expresses to this court her extreme sorrow for her actions, but offers to this court that the person who she was with allowed for her to relapse into a person that she does not want to be.
27. Ms. J openly acknowledges that she has made a terrible mistake that carries with significant potential for serious consequences that extend beyond herself.
28. Incarcerating Ms. J will have a profound impact upon her daughter who has already been abandoned by her biological mother and father. This child will once again be confronted with the possibility of foster care.
29. Incarcerating Ms. J will have a profound impact upon her ailing mother and will require government dollars to be further expended upon her to provide housing and care for her.
30. Finally, Ms. J has enrolled herself in a master's program at Strayer University and is set to begin this course of study.
31. A case that started out as a second degree misdemeanor should not end with a prison sentence. Warehousing Ms. J will not change what has happened, nor will it teach anybody any lessons that Ms. J has not previously been exposed to.
32. Ms. J had a lapse in judgment that placed her here before this court.
33. The appropriate sentence in this case should be a period of probation not to exceed two years with a special condition of community service. The probation is important because it will give this court the ability to watch over Ms. J and insure that this was aberrant behavior that is not reflective of her going back to her old life. The community service is the punishment that she expects to have to endure for making a poor decision.
34. Ms. J will never have the easy life. However, she does still have the opportunity to mother a child and help her not make the same poor choices that she has made in her life.
35. Ms. J is asking this court to take a chance on her because she has demonstrated that she was sincere about changing her life around.
WHEREFORE, it is prayed, that this court sentence Ms. J to an adjudication of guilt, two years of probation, one hundred hours of community service to be completed at a rate of not less than eight hours a month, cost of prosecution and court costs.
Respectfully submitted,
________________________________
Adam Pollack
Attorney for Defendant
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this document has been furnished to the Office of the State Attorney, in open court by hand delivery this 11th day of January, 2012.
________________________________
Adam Pollack, Esquire
Florida Bar No.: 0086142
Law Office of Adam L. Pollack, P.A.
5151 Adanson Street, Suite 100
Orlando, FL 32804
Phone: 407-834-5297
Fax: 407-834-1841
Email: adam.pollack@orl-law.com
The bottom line, is that if you need legal representation, you need to find a lawyer that will care about you and your case. You need to find a lawyer who will find the good in you and present that to the court. You need to find a lawyer like me because you can't pay for character, either a lawyer has the drive within himself/herself or they do not and no amount of money will purchase that drive. You deserve to have a lawyer who will care about you and your case. I look forward to representing you.