Prison Release Reoffender (PRR)
Minimum mandatory sentences can be one of the most intimidating factors in deciding whether to go to trial in a criminal case. A judge has no control over minimum mandatory sentences and cannot legally grant a downward departure below the minimum mandatory requirement of the statute. The prosecutor for the State of Florida is the only person who has the power to offer a sentence below the minimum mandatory.
Because the prosecutor in the case has a wide latitude of power in cases involving minimum mandatory sentences, it is imperative that they be reasonable and seek justice in every case rather than simply seeking punishment. However, prosecutors are not always reasonable and minimum mandatory sentences have been a highly controversial topic in Florida as defendants have been sentenced to lengthy prison sentences for relatively minor crimes when they do not have criminal records.
Prison Releasee Reoffenders involve defendants who are subject to these minimum mandatory sentences.
The Purpose of Florida Prison Release Reoffenders(PRRs)
The purpose of PRR sanctions is to deter individuals from committing crimes during a prison sentence or after they have recently been released from prison. Under Florida Statute 775.082, a prison release reoffender is defined as any person who commits a qualifying offense in prison or within three (3) years after being released from prison following incarceration for an offense that is punishable by more than one year in the State of Florida.
The list of qualifying offenses that could allow the State of Florida to label you as a prison releasee reoffender are:
Notice of Intent to Seek PRR
Unlike other sentence enhancements, the State of Florida does not need to notify the defendant that it intends to seek PRR sanctions. This is why it is important to hire an experienced criminal defense attorney so that you can understand if PRR applies to your case.
Consequences of a PRR in Florida
The burden is on the State to prove that an individual is a prison release reoffender. If you are sentenced as a prison releasee reoffender, the consequences are enormous. The sentencing of a defendant as a prison release reoffender results in the following:
- Third Degree Felony – Minimum mandatory five (5) years in prison (rather than a maximum of five (5) years in prison).
- Second Degree Felony – Minimum mandatory fifteen (15) years in prison (rather than a maximum of fifteen (15) years in prison).
- First Degree Felony – Minimum mandatory thirty (30) years in prison (rather than a maximum of thirty (30) years in prison).
- First Degree, Punishable by Life Felony – Minimum mandatory life in prison (rather than a maximum of life in prison).
As you can see, PRR effectively takes the maximum sentence of the underlying charge and makes it the minimum mandatory sentence.
The judge has no discretion to sentence a defendant to less than the minimum mandatory prison sentence for a PRR defendant. This results in an “all or nothing” proposition for a defendant that goes to trial as he will either receive a not guilty verdict and go home or be sentenced to the maximum amount of prison time allowed for the crime.
In addition, a defendant who has been designated as a prison release reoffender must serve 100% of his sentence, typically referred to as “day-for-day”, and is not entitled to “gain time” in prison.
Florida Statute 775.082 - Visit Online Sunshine, the official website of the Florida Legislature for more information about the requirements of a prison relesee reoffender in Florida.
Miami-Dade County Criminal and Traffic Clerk of Court - Visit Miami-Dade County Criminal Court to get information on your criminal record or current pending case.
Find an Attorney for a Prison Releasee Reoffender (PRR) in Miami-Dade, FL
If you or someone you know has been charged with a felony crime, you may need an attorney to assist you in determining if you could be subjected to the minimum mandatory sentences associated with being a prison releasee reoffender.
Our experienced criminal defense attorney, E.J. Hubbs, will sit down with you and discuss whether PRR sanctions are applicable to your case. Attorney Hubbs will also inform you of the strengths and weaknesses of your case and any legal defenses you may have. There is no cost to you as the initial consultation is free.
E.J. Hubbs is “Board Certified” by the Florida Bar in criminal trial law. He has handled over 10,000 criminal cases in his career as a prosecutor and criminal defense attorney including taking over 50 jury trials to verdict.
Hubbs Law handles all types of felony cases, including PRR cases, in Miami-Dade County, North Miami, Hialeah, Miami Shores, Kendall, Doral, Homestead, North Miami, and South Miami, as well as other cities and areas in the Greater Miami Area.
Call (305) 665-9040
now to schedule a one-on-one with Attorney Hubbs.