Legal Question in Criminal Law in Florida

I am writing you for your opinion. My Fianc�'s has violated his probation by having a failed drug test with marijuana in his UA. He originally was in Hillsborough for crimes he committed in 1993. He was released from prison in 2005 and has since become the owner of his own landscaping business and is doing very well. He was arrested for Violating 1/7/10 and his court appearance is on 1/19/10. The question that I have is what are the possible outcomes of his irresponsible actions in your opinion? I really hope and pray you respond to me. I know nothing about jail prison or law in general cause I have never been in trouble. Please help me.


Asked on 1/16/10, 5:41 pm

1 Answer from Attorneys
Jeanette Bigney Jeanette Dejuras Bigney, P.A.

There are several issues that you have raised. I am assuming that he is accused of violating his probation for a felony offense. The possible sanctions, or punishments, for a violation of probation (VOP) depend on the underlying offense and how much time he already served for the offense. "Underlying offense" simply means what was the charge he was put on probation for.

For a single felony of the third degree, the possible sanction is five years prison less any jail/prison time served. For a single felony of the second degree, the possible sanction is fifteen years less any time served. For a single felony of the first degree, the possible sanction is thirty years less any time served. The answer is not clear cut however, other factors to consider include the judge, the probation officer's recommendation, sentencing guidelines and other factors. Best case scenario, the sanction can be reinstatement and continuation of probation, or even dismissal of the VOP.

I hope that gives you some assistance.

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Answered on 1/21/10, 6:15 pm


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