Legal Question in Criminal Law in Florida

My husband violated probation on two occasions for failing drug screenings. He was reinstated to probation, but was given a 60 month suspended sentence, which is the maximum penalty for the original crime. If he violates again for a technical violation, will he automatically have to serve the 60 month suspended sentence? Do they take into account any factors and/or modify the suspended sentence?


Asked on 11/15/09, 5:15 pm

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

It's not automatic. The judge has discretion to go below the 60 months but generally speaking, a judge is not going to be too happy with multiple violations and he needs an attorney to mitigate the sentence as much as possible.

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Answered on 11/20/09, 6:43 pm


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