Legal Question in Criminal Law in Florida

Vop

I was charge with 1st offense DUI last year and was given 1 year probation. With 3 weeks left of probation i got arrested with a battery(misdemeanor) charge. What will be the outcome of this?


Asked on 2/25/08, 11:44 am

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Vop

It depends on the judge and the prosecutor. Being arrested while on probabtion can be pretty bad news, and in some counties (especially the less populated ones), it's almost an automatic ticket to jail for 30 days or so. You need a good criminal lawyer right away.

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Answered on 2/25/08, 2:18 pm
Leland Garvin Garvin Law Firm

Re: Vop

It would be very difficult to give you an accurate estimate of what you are looking at. The answer would vary depending upon a number of factors.

First, You need to see if the state files the new misdemeanor; if it is filed then the likelyhood that you will be violated increases. If it is not filed then the prosecutor and probation officer will have a little more discretion.

If it is filed then your outcome will depend a great deal on what your judge and prosecutor think is an appropriate punishment.

In either case the factors will include: your prior record, the original sentence you were given, the length of time you were on probation, the facts of the violation including what the victim wants to see happen.

You will need to contact a lawyer in your area to discuss further. I would try to find someone quickly because things can be done now to mitigate the damage later.

Also, I would make sure that you are on good terms with your probation officer because they may have some say in the sentence.

Best of luck,

-Leland

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Answered on 2/25/08, 2:48 pm


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