Legal Question in Criminal Law in Florida

a new charge of grand theft with a violation pf probation

My boyfriend was on probation for burglery to a vehicle and burglery with occupied residence. he spent 6 months in jail and when he came out he would have 6 month probation, restatution, and completion of a theft course. a month after he got out he violated probation because he had now address( his mom kicked him out) so he never went back to probation so 5 month later they found in a stolen car and put him back in the county jail. now he has two violation of probation and a new charge of grand theft. my question is without a lawyer and just working with the public defender how much time is he facing with a plea instead of taking this to trial. and is there anything i could do to less the time


Asked on 11/30/04, 3:14 pm

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

Re: a new charge of grand theft with a violation pf probation

Im not sure what your question is. One way or the other he is looking at jail or prison. It depends on his record. There is nothing you can do, other than hire the best lawyer you can. If you cant, the pd is fine too.Please call for a free consultation 24/7 561-659-9410. valerie masters

Read more
Answered on 11/30/04, 6:44 pm
Richard Hornsby Richard E. Hornsby, P.A.

Re: a new charge of grand theft with a violation pf probation

Wow, you pack a lot into one question. Lets break it down.

He is on probation for two felonies. Regardless of whether they were two separate cases or one episode, they would go on the same score sheet. Burglary of a residence carries a minimum prison sentence of 18 months DOC (Sentencing guidelines). But it appears your boyfriend obtained a downward departure as he was not sentenced to prison initially. Because of this the judge could continue to depart downward. So there is hope there.

His reason for violating, his mom kicked him out, would be a defense if he had told his PO about it. But now it is just mitigating circumstances, which a judge would listen to.

As for the new offense, it causes the real problems, not because it is a serious offense, but because it is likely to cause him to get hammered on the VOP.

Was your boyfriend the driver or the passenger? This would be huge, because the law is very clear that a passenger in a stolen vehicle can not be guilty of GTA, even if he knew it was stolen.

As for having a public defender, all that I can say is that many PDs are better than most private criminal attorneys. However, many are not. I suggest you ask people in your community and hire a criminal attorney who has a reputation for obtaining good results, not for being cheap.

Best Wishes,

Read more
Answered on 12/02/04, 12:27 am


Related Questions & Answers

More Criminal Law questions and answers in Florida