Legal Question in Criminal Law in Florida
My fiance is in jail for a violation of probation. He has tried to do county time in jail but the judge told him no that if he wanted to do time he would go to prision or he could go back on probation. Can a judge do that? This is in hillsborough county in Florida. He shouldn't be on probation to begin with because of an illegal search of my car, but neither one of us can afford an attorney being that we are unemployed. Can anyone give me any advise?
1 Answer from Attorneys
If this is felony probation, then yes the judge can sentence him to prison for the VOP. Depending upon your fiance's history, he may or may not score prison. But with VOP points added to the scoresheet, it would certainly be legal for the court to sentence him to prison. The judge obviously wants your fiance to go back on probation so he can successfully complete it by giving him an undesirable alternative.
Even though your fiance can't afford an attorney, he is still entitled to one through the Public Defender. Has the PD been appointed?
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