Legal Question in Criminal Law in Florida

My Girlfriends mom had never been arrested untill last week. She has 25 charges. Two charges of "Fraud utter false instrum" twenty charges of "larc petty first offense" One charge of "burglary-unattended dwelling" One count of "battery touch or strike" and One That says "holdhold for ama charge". These were all her first time committing the crimes. Could somebody please help me by telling me an estimate of what kind of trouble she's in and how much jail or prison time she might be serving?


Asked on 2/15/12, 11:25 pm

1 Answer from Attorneys

Eric Trabin Lucid Legal, PLLC

She is in a lot of trouble. The most serious of the charges is the burglary of a dwelling. Florida utilizes "scoresheets" that assign a point value to a crime. Many crimes, misdemeanors like petty theft or even low level felonies like uttering a false or fraudulent instrument, score so low that there is no mandatory prison sentence. Burglary of a dwelling, however, is a second degree felony level 7 offense which scores mandatory prison. The maximum sentence for the burglary of a dwelling charge alone is 15 years.

That's not to say that there aren't very good defenses available or that a plea bargain resulting in non-prison wouldn't be an option. Your girlfriend's mom needs an attorney who can ascertain whether the state can prove the charges, whether defenses are available, and can negotiate with the state on her behalf. If your girlfriend's mom is currently in custody then perhaps your girlfriend will hire someone for her. An attorney may be able to secure her release from jail pending resolution of the case as well.

Feel free to contact me if you have any questions.

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Answered on 2/19/12, 5:57 pm


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