Legal Question in Criminal Law in Florida

Here's the hypothetical: a person is convicted of a felony in Florida, is sentenced to incarceration and probation, serves the requisite period of time in prison, and then while on probation manages to get the conviction overturned. The person is then charged and tried for the same offense and if found guilty. What effect, if any, does the time served on the prior conviction have on the sentence received? And may the court impose a GREATER sentence than the one imposed originally?


Asked on 2/01/12, 8:21 pm

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

It depends on what you mean by "overturned." Was it remanded? If so, then the person could get credit. If not, then the court treats this as if the charge never happened and COULD get more. It leaves the judge open to appeal for vindictive sentencing, but it is not necessarily impossible. Would need more information to properly answer so I suggest you contact an attorney.

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Answered on 2/02/12, 7:22 am


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