Legal Question in Criminal Law in Florida

Re: Sentencing

He didn't score prison time. Everyone can get jail time. He misunderstood.

Re: Sentencing

Unfortunately, you probably do not have the ability to appeal, especially if it was a plea as opposed to a trial. He likely waived his appellate rights at a condition of the plea.

The "score" that you refer to simply means that he was below the guideline for prison. It has no bearing on whether he can go to jail or not. There is a difference between prison, which is a state facility, and jail, which is a local facility.

Therefore, although he did not "score" enough for prison, that does not mean that he cannot be sentenced to a jail term, as has happened. The maximum sentence for a misdemeanor is one year. Therefore, it appears that the sentence is legal, and thus not subject to being overturned.

There may be one avenue, however, I caution it is a long shot, especially if the Judge did the plea colloquy correctly which I imagine he did. If your boyfriend plead open to the Court without knowing what the sentence would be, and did so with the erroneous understanding that he would not be subject to jail, and no one corrected his misunderstanding, then he MAY have grounds to set aside his plea.

However, all that would do is reopen the case, and it would be put back on the docket. He would then have to either plea again, or go to trial.

If you have any other questions, or would like to discuss the matter further, please feel free to contact me at your convenience.