Legal Question in Criminal Law in Florida

changes in probation sentence

My son was arrested in '91 and went to prison and served his time,was releasde on probation in fl,parole in ga.He was let out of prison July '98 and was rearrested in Oct.'98 and wrongly accused of 3 counts of arson.In April '99,the Judge threw out the charges because speddy had expired.In July of '99 his probation was violated on double hearsay and his sentence changed,his original probation ran 10 years at the same time,the Judge gave him 3 ten year prison terms,back to back.I thought his probation could not change like that and how could they violate him on double hearsay?Is any of this legal?We are now in appeals.


Asked on 1/02/00, 7:28 pm

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: changes in probation sentence

Hearsay cannot be the sole and entire basis to establish a violation of probation. However, it is admissible in a limited context. As far as the way the judge sentenced him to consecutive 10 year sentences there are many varibles as to why he could have done this. To answer this question you really need to provide more information, and in any case it is not a simple answer that could be completed in this forum. You really need to meet with a criminal defense attorney to see what are your options.

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Answered on 1/04/00, 10:10 am


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