Legal Question in Criminal Law in Florida

What is my fiance facing ? He came home out of a work release center Aug 18th after serving a 5 yr sentence. Aug 22nd him, his cousin, and I went out for a drink and his cousin started trouble with the bartender so we left. A cop followed us the whole way untill my fiance swerved yelling at his cousin and pulled us over 2 min away from home. He made my fiance get out the truck did the feild sobriety test and hand cuffed him and took him to jail. The cop never read him his Miranda rights before placing him under arrest and told him it was because he was being detained but charged him with a dui and read him his right once they got to the jail. The police report doesn't not mention anything about his cousin and I being in the truck the whole time and the truck was not impounded. The cop that drove my fiance to jail told him if the corporal did not take over he wouldn't have arrested him. The corporal was the one that arrested my fiance and charged him with a dui he also took my and his cousins info and wrote it down in his little notebook. My fiance is on felony probation for 5 years before this incident and his record is way worse than a dui. This is his first violation and his first dui. I contacted his public defender who told me they can't tell me anything even though I have power of attorney over my fiance. I have contacted the court house, the state's attorney, and his probation officer. No one can tell me anything all they have said is they havnt received his paper work yet. Is there anything I can do and what is he facing?

Asked on 8/28/19, 11:53 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

You don't say what the original felony was so there is no way of telling you what he is facing. Even if you did, it would be impossible to tell exactly what he may get because every case is different. His attorney will have the best idea so he should ask them.

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Answered on 8/29/19, 8:33 am

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