Legal Question in Criminal Law in Florida

Violation of Probation

My husband was sentenced to 1 yr of community control followed by 6 yrs probation for leaving the scene of MVA involving death this sentence came after a motion to mitigate was filed by his Pub Def after a 21month sentence was decided. He was doing very well on CC & was about to set a court date to try to get early release witch was okey'd by his PO. Unfortunatly he Failed A urine test & was Vilolated before that happened he has admitted he has a problem and volentarily entered a program but the Florida Stated Attorney is now trying to give him 48mos in prision for violating. His PO says he cannot make a recomendation but his SWFAS Program Director recomends that he continue his treatment and doesn't feel Prision is nessesary. he has no other criminal record. We unfortunatly cannot afford an attorney!What are our options?


Asked on 8/02/07, 12:19 pm

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: Violation of Probation

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Speak with the Public Defender about your husband's options. If the Public Defender feels that your husband can be entered into a court sponsored drug program in the drug court without violating his probation, then you should probably stick with the Public Defender.

If you do not get the proper responses or in any way do not feel confident with the Public Defender, then you should hire a private attorney at whatever cost to represent your husband. Four years of jail time will be far more costly to both of you.

Scott R. Jay, Esq.

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Answered on 8/04/07, 5:32 pm
Scott Cupp Law Office of Scott H. Cupp, LLC

Re: Violation of Probation

He sounds like a perfect candidate for drug court. Ask the PD to have him evaluated for drug court.

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Answered on 8/02/07, 12:44 pm


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