PROSECUTORS TO SWEETEN PLEA DEALS TO CUT COSTS

BROOKSVILLE - The Hernando County State Attorney's Office plans to
start offering some nonviolent defendants diluted sentences. The move
is prompted by state budget cuts, which will force the office to
prosecute some misdemeanor crimes less aggressively.

Brad King, the elected state attorney in the 5th Judicial Circuit,
said the new initiative is necessary to "move more cases expeditiously
through the system."

His office is operating with 14 fewer lawyers than a year ago, despite
the ever-growing court dockets in the five-county circuit that
includes Hernando.

Under the plan - developed in consultation with the circuit's chief
judge and public defender - prosecutors will try to resolve more cases
earlier in the process by making attractive plea offers to entice
defendants to resolve their cases immediately.

State law allows defendants to receive up to a year in jail for
misdemeanor crimes. But these new deals will typically allow them to
avoid jail in exchange for court-ordered supervision or credit for
time already served.

The new policy represents a significant shift in the way the circuit's
prosecutors pursue criminal cases. It more closely mirrors the federal
model where U.S. attorneys selectively look at particular crimes to
enforce.

In years past, "you didn't have to talk about it because the
presumption was you violate the law, we are going to prosecute you,"
King said.

Skip Babb, the circuit's public defender, isn't optimistic the plan
will streamline the process. He predicts the policy also could create
unintended consequences.

"It certainly isn't the solution, but it may be part of the solution,"
said Babb.

King's prosecutors now will look at individual cases to evaluate three
factors: public safety concerns, provability and a defendant's
criminal record.

"In reality, we make that evaluation on any case anyway," King said.
"Now we put more emphasis on the public safety part of the case."

King refused to disclose specific punishments for different
misdemeanor crimes under the new plan, saying each would be handled
differently. But he broadly suggested the new policy would apply to
offenses such as driving without a valid license, violating
restrictions on a driver license, possession of less than 20 grams of
marijuana or possession of drug paraphernalia.

"The stakes aren't as high," he said.

Treatment of other misdemeanor crimes, such as domestic battery,
driving under the influence, and fleeing and eluding police, would not
change.

A pilot program tested the new system on a few misdemeanor dockets in
Marion and Citrus counties and resulted in significantly smaller case
loads, which is progress toward the ultimate goal of consolidating
numerous dockets under fewer judges and lawyers, officials said.

King acknowledged that he does not know the potential long-term
effects. It could mean the courts get less income through fines, which
could only exacerbate the financial crunch. It could also mean that
some petty criminals showing signs of deeper problems could slip
through the cracks.

The change concerns Babb, the public defender, on many
levels.

"We don't know if it's going to lighten our load or not," he said.
"Some things we'll do different, but some don't take any of our time
anyway."

Babb also cautions that some defendants might take the reduced offers
just to end the case, even if they have legitimate defenses.

It already happens frequently, he explained, because a day in jail is
one less pay day for many people.

"People are going to get out of the system the easy way, and if they
get in trouble again they are going to jail and that's not really
justice," he said. "We have a lot of not-guilty (decisions) by juries
in this circuit."