Legal Question in Criminal Law in Florida

Double Jepardy?

my son was arrested for resist w/o violence. sent. to 8 wk ends work. or 120 days by sumter county judge. in mean time, within 2 wks. arrested for driving w/o/ l habitual. marion county. held w/ no bond, transfered back to sumter where disposition for warrant was served and there 2 days and sent back to marion. sent to1 yr 1 dy by Circuit Judge says, ''confinement to run concurrently with any sumter county case.'' My son just released from prison went to register and Lake County said Sumter County had a warrant, they expect him to do the 120 days in their jail,or it don't count and told me that, '' the marion judge can't rule in their county.'' but it was a Marion County Circuit Judge who was aware of the other case. sentencing concurrent.


Asked on 6/09/08, 7:48 pm

1 Answer from Attorneys
Aaron Slavin Slavin Law Firm, LLC

Re: Double Jepardy?

It does not appear to be double jeopardy. If your son was given a sentence in Sumter County for RAWOV and picked up a new charge (DWLSR - Habitual) while he was serving a weekend or work release sentence, he basically violated his sentence agreement in Sumter County. The most they could do in Sumter County was give him the full 120 days in jail as straight time. However, the Judge in Marion County, who was obviously upset that your son picked up another charge so quickly was within his/her discretion to sentence your son to 1 year / 1 day in prison (he could have gotten up to 5 years in prison on the DWLSR - Habitual, which is a third degree felony. Technically, the Marion County judge can impose 1 year and 1 day and "suggest" that it run concurrent with the Sumter County sentence, but he/she is really without jurisdiction to bind the judge in Sumter County. If Sumter County wants to be difficult, they can make him do the 120 days before he goes off to prison, but I don't see why they would choose to spend that money in light of the larger sentence. WHile I know that wasn't the answer you were looking for, it is the most honest and fair assessment that I can provide you. Good luck to you and your son.

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Answered on 6/09/08, 9:50 pm


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