Legal Question in Criminal Law in Florida

Violating Probation in Florida

My boyfriend was put on probation for 3 years for a felony of uttering forged checks. He violated after being on probation for 4 months. He is currently in jail waiting for his court date. I understand he can either choose to have his probation reinstated or he can do his time instead. If he decides to do his time, do those 4 months he was on probation for count towards the amount of time he will be in jail to serve his sentence? For example, if he was sentenced to 10 months in jail for his offence, would the four months of probation decrease the time to 6 months?


Asked on 11/11/07, 3:13 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Violating Probation in Florida

No you have wrong information. He does not choose anything except whether to have a hearing on the violation. If he pleads guilty or is found guilty by the judge, the judge gets to decide whether he will reinstae or give him jail time. He faces up to 5 years in prison and probation does not count as credit.

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Answered on 11/11/07, 4:55 pm
Edward J. Chandler Law Office of Edward J. Chandler, P.A.

Re: Violating Probation in Florida

No, only jail time is credited against jail time.

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Answered on 11/13/07, 10:40 am


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