Legal Question in Criminal Law in Florida

After sentencing for a violation of probation, an appeal was timely filed against the sentence. The probation officer has subsequently filed an affidavit of violation. The notice was just filed. Does the circuit court (state) have jurisdiction over that alleged "new" violation? The original sentence was 2 years doc, suspended, 2 years probation. That probation was violated and the defendant was resentenced to 2 years house arrest, electric monitor. This is the sentence that has been appealed. This sentence was handed down on March 3, with 30 days to file notice of appeal. Original charge was felony worthless checks.


Asked on 3/25/11, 3:44 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Yes, the court would have jurisdiction over the new violation. If it was based on a violation BEFORE the sentencing date, then the court would not be able to address it.

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Answered on 3/25/11, 4:08 pm


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