Few criminal cases make it to a jury trial in Highlands County

It's a four-letter word that evokes a variety of responses.

A plea might be puzzling, perturbing, pathetic or - perhaps - pretty lucky for a person facing prison time.

Assistant State Attorney Steve Houchin said the system in Florida is set up to resolve cases.

"I would say about 95 percent are resolved in one way or another short of a jury trial," Houchin said.

Numbers from the Tenth Judicial Circuit bear that out. Between Jan. 1, 2009 and Jan. 1 of this year, there were 2,906 felony, juvenile, criminal traffic and misdemeanor cases closed by plea in Highlands County. There were 29 trials held during that period.

Houchin explained there are going to be cases that are dismissed for insufficient evidence. He noted that out of those cases that are rejected, law enforcement will come up with new evidence or new witnesses and resubmit some of them.

Out of the ones that are left, some are going to go into various diversionary programs. An example is a program for first-time simple possession drug offenders.

There are various types of diversionary programs especially relating to juvenile court. All juvenile cases have to be resolved with a trial before the court. There are no jury trials in juvenile court, Houchin said.

There are cases that are resolved by trial in front of a judge without a jury.

"There are a lot of cases that the handwriting is on the wall for one side or the other after various types of motion hearings - motions to suppress the evidence, motions to suppress confessions, motions to limit what evidence can be used, what evidence can not...

"An attorney might be in one of those hearings longer than what an actual trial would be, fighting over the evidence," Hourchin added.

There are many cases that are resolved through an adversarial type of hearing that is not considered a jury trial.

"The jury trials are going to be ones that cannot be resolved any other way," Houchin said.

The majority of civil cases are also settled before trial, said Highlands County Clerk of Courts Bob Germaine.

There were 56 cases in Highlands County Circuit Civil Court last year in which a jury trial was sought. Three have gone to trial, but some are still pending, according to the clerk's office.

According to the Florida Rules of Criminal Procedure Rule 3.171, "Ultimate responsibility for sentence determination rests with the trial judge. However, the prosecuting attorney and the defense attorney, or the defendant when representing himself or herself, are encouraged to discuss and to agree on pleas that may be entered by a defendant. The discussion and agreement must be conducted with the defendant's counsel."

The rule also outlines the responsibilities of the prosecuting and defense attorneys and the judge.

For example, Rule 3.171 states: "Defense counsel shall not conclude any plea agreement on behalf of a defendant-client without the client's full and complete consent thereto, being certain that any decision to plead guilty or nolo contendere is made by the defendant."

There are straight-up and negotiated pleas. Houchin said most pleas are negotiated.

He explained that Florida has "very liberal" rules of discovery, "which means there is no more of this 'Perry Mason' stuff where there is a surprise witness or surprise evidence."

He noted that he has to give the defense all the reports, all the witness statements, all the lab reports. The defense has to give the prosecutor most of what they have. Both sides can depose each other's witnesses.

"By the time you come time for trial both sides pretty much know what the other side's got and what they are going to do," Houchin said. "There are sentencing guidelines which tells the judge - based on these charges - within a certain range this is what the defendant should get. That's very conducive of resolving a case."

In a straight-up plea there is no deal. Houchin said the judge can impose anything up to the statutory maximum.

Houchin noted that occasionally a defendant will do that because he doesn't want to go to trial for various reasons and he doesn't like the plea offer.

"They think they will get a better deal if they simply go in and say, 'Judge, I did it; I'm sorry. Have mercy on me,"' Houchin said.

Several factors are looked at in determining if a case will result in a plea.

"Every case is fact driven," Houchin said. "Some cases you are going to have a stronger case for the state simply because of the evidence that is available. Other cases - it may be an egregious crime - you just don't have the facts; you don't have the ammunition sometimes. That goes into play.

"The same thing would be said from the defense side," he added. "I started out as a public defender and switched over to the prosecution. I can tell you it is an evaluation process by both sides."

Houchin said occasionally a heinous crime will take place that he might not be able to win, but he goes ahead and pursues it.

Weighing the facts

Longtime Sebring defense attorney Bill Fletcher said the facts of the case, the client's prior record and what the person is charged with are factors to be considered with pleas.

He also takes into account whether the case winnable and is there a defense.

The particular judge involved is also a factor. Fletcher said judges are different and they develop reputations.

Fletcher said he has had attorneys in the state attorney's office tell him "We tailor our plea offers to the judge's sentencing tendencies."

The process can take a long time.

Fletcher, who has been a lawyer for 36 years, represented Dan Andrews, the former CEO and president of the Sebring Chamber of Commerce. The case, which had multiple charges in both Highlands and Polk counties, took more than a year before a plea was accepted.

One reason for that was a change in the lead prosecutor for the state attorney's office. There were a number of people that both Fletcher and the state deposed.

Fletcher noted that he was involved in an attempted murder and cocaine possession case that took two years to get the plea.

There are cases that Fletcher said he would have liked to go to trial and felt he could have won. But an attorney has to put aside his personal feelings and do what is best for the client.

He recalled the case of a client who was charged with leaving the scene of an accident with death. The individual could have been sentenced to 3 1/2 years in state prison.

The client took the plea that was 2 1/2 years probation and withhold adjudication (not convicted of a crime).

"I think I could have won; I was way prepared," Fletcher said.

Nothing would get done

The court system would bog down if more trials were scheduled, Germaine said.

"You can only do so many trials because there are only so many judges," he said.

"I would be trying cases every day," said Circuit Court Judge Peter Estrada.

In addition to needing more judges and prosecutors, Estrada said the public defender's office "would be overwhelmed."

Houchin said his felony staff is handling 150 cases a piece at all times, including violations of probation, and the misdemeanor staff is carrying about double that.

"There is no way that you are going to trial on all those cases," Houchin said. "You've got one county court judge ... you've got one circuit judge hearing those.

"So if people wanted to try all these we are going to build 100 courthouses and get 100 judges and 100 more prosecutors," he added. "The citizens are going to be here on jury duty every day.

"That's just the reality of it," Houchin said. "And you are not going to get anything more after most of those trials than you would on pleas."