Legal Question in Criminal Law in Florida

I have a 19 year old son who has been on probation for about 8mo. for a burglary charge. He was actually on pre-trial intervention. He did have one dirty urine test for marijuana & his PO did not violate him for that. He just recently got caught by the ATF for drinking a beer & has a court appearance. He is freaking out that he will go to prison. What is our best course of action? I told him we need to go talk with his PO tomorrow. He has completed his Community service.


Asked on 4/02/12, 6:59 pm

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

If he was on probation (and not just pretrial intervention) then that means he was sentenced on the burglary charge. A lot depends on the kind of burglary charge. If it is burglary of a car or structure then the maximum punishment would be 5 years in prison. If it was a burglary of a home/dwelling then the maximum punishment would be 15 years in prison.

A lot depends on your son's prior, if any, criminal history. Any criminal history would go on a scoresheet and may determine a minimum prison sentence.

The best course of action is to have a good attorney for this. The attorney can get the recommendation from the probation officer. Keep in mind the sentence for a violation of probation is not up to the probation officer but to the state or prosecutor. The attorney can negotiate with them for the sentence.

Read more
Answered on 4/26/12, 9:10 am


Related Questions & Answers

More Criminal Law questions and answers in Florida