Florida | Criminal Law
11/15/09, 5:15 pm
Legal Question
My husband violated probation on two occasions for failing drug screenings. He was reinstated to probation, but was given a 60 month suspended sentence, which is the maximum penalty for the original crime. If he violates again for a technical violation, will he automatically have to serve the 60 month suspended sentence? Do they take into account any factors and/or modify the suspended sentence?
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11/20/09, 6:43 pm
Legal Answer
It's not automatic. The judge has discretion to go below the 60 months but generally speaking, a judge is not going to be too happy with multiple violations and he needs an attorney to mitigate the sentence as much as possible.
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Craig Epifanio, P.A. 5445 16th Street N St Petersburg, FL 33703
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