Legal Question in Criminal Law in Florida

Point System and Sentencing

My question is pretty complex, I am trying to find out what the sentence my husband is looking at for a VOP charge. He is and has been on probation for 5 yrs 6 mths. He recently was charged with domestic violence and was violated on the probation. The domestic violence charge was dropped. He is still being held without bond and the prosecuting attorney has denied bond even after finding out the charges that violated him were dropped. He they go ahead and proceed with the VOP charge what kind of sentence is looking at per his previous charges?


Asked on 1/22/09, 9:38 pm

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

Re: Point System and Sentencing

Not complex at all. He is facing the statutory maximum for the charge minus any credit for time in jail already served. If his original charge was a 2nd degree felony then its 15 years if it was a first degree 30 years.

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Answered on 1/22/09, 9:45 pm
Kelly Papa Law Office of Kelly Papa

Re: Point System and Sentencing

They can go ahead with the VOP. He can either admit to the VOP, or deny the VOP and have a hearing. If his violation of probation is determined to have occurred and is "willful and substantial", the judge can sentence him up to the original maximum penalty of the charge. If the judge finds no violation, or finds that the violation is not "willful & substantial", then he goes back on probation.

In the circuits that I've worked on, the judge will usually let people negotiate offers.

What he scores, or what his points are, depend on what he is charged with now & on his past criminal record.

Good luck & feel free to write me if you have further questions.

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Answered on 1/22/09, 10:31 pm


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