Legal Question in Criminal Law in Florida

In the beginning of 2009 my husband got put on five years probation for a robbery charge. Recently he changed his address, and even though he called his probation officer to let her know she forgot to make a note of the address change, and sent the police to violate him on not having an address. When the police showed up at his new address to violate him they walked in on him with a marijuana grinder in his hand and marijuana on his lap. The police then searched him and found an empty baggy in his pocket that tested positive for meth when they scraped it. The police arrested him and gave him a drug test at the police department which he passed. My husband is currently sitting in jail being charged with possession of marijuana less than 20 grams (misdeminer), possession of controlled substance without a prescription (felony), and possession of drug equipment (misdeminer). He's been told that his felony could possibly be dropped to another misdeminer. I was just wondering if a prison sentence is possible, and if so any estimates on about how long? Is there anything that can be done about his probation officer's mistake? Also, we do not have the money to afford a real attorney, so a public defender was appointed to him. What should I do If the public defender does not defend my husband to the best of his ability? Any questions I should be asking the public defender about my husband's case?


Asked on 4/28/10, 10:49 am

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

First, what about your husband not acting in accordance with his probation instructions. PDs are "real" attorneys. If you are not satisfied with the PD, come up with the money to hire a private attorney. What is you want him to do, get your husband back on probation so he can violate again? All attorneys have a duty to represent their clients to the best of their abilities. If they do not, it is an ethics violation.

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Answered on 5/03/10, 11:15 am


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