Legal Question in Criminal Law in Florida

Re: violating probation

The maximum punishment on your violation of probation would depend on how the state filed the Petit Theft charge against you. If the Petit Theft was under $100 and if you had no prior theft convictions, then it is probably filed as a second degree misdemeanor, punishable by 60 days in jail. If the petit theft was over $100 or if you had a prior theft conviction, it wsa probably filed by the State as a first degree misdemeanor which would be punishable by up to one year in the county jail.

With that being said, I have a very good friend that does criminal defense in the Jax-ville area and I'm sure he can help you out. Let me know.

Re: violating probation

Hello: I read your question and the one response. He is correct as to the possible punishment under the language of the statutue. However, in reality, there are other factors the Court will consider. I practice in Jax. and know the State Attorneys and Judges.

First, I would look into the possibilities of beating the new charge. Secondly, you may need to deal with the violation of prob. If you want to reply to this, let me know which judge the prob. case is assigned to. The new charge will be transferred to that judge.

As to potential sentences, a lot depends on your prior record, if any. If you have no prior convictions/jailtime, a Court may only require 10 days county time. Of course, you should argue for com. service hours, fine, etc. It can't hurt to ask. If my office can be of any assistance, please give us a call. Tom Rosenblum