Legal Question in Criminal Law in Florida

My boyfriend has been on probation for 6 months almost he was sentenced to do probation until the restitution was paid and the termination of probation would be based upon resititution payment. W e had contacted the lawyers after the time that was alloted for the restitution and they said that they were going to follow up on it. A month ago he was driving me home becuase I was drinking and got a ticket for driving on a suspended license. Now he is in jail awaiting his court date. His probabtion should have been done but they have him for violation for probation. He is facing jail time and prison time because of his extended record is their anyway I can use the validity of the probation in court to fight the violation of probation or is it to late becaus ethe probation was not terminated.


Asked on 2/24/11, 9:45 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

The short answer to your question is that since his probation was not terminated, then it is too late. However, in your boyfriend's case, he may have a defense, since it appears you made efforts for him to comply with the rules, but just couldn't for whatever reason. Him driving you while his license was suspended is not necessarily defense merely because you were drinking. He needs to talk to a lawyer about whether or not his actions were a wilful violation of probation.

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Answered on 2/25/11, 7:30 am


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