Legal Question in Criminal Law in Florida

trueFlorida jail time

My two sons accepted a deal offered by the state prosecutor. One was 6 months jail, 5 years probation, and restitution. The other one got 11/29 and 5 years probation and restitution. They set one of their own cars on fire. They did not hurt and other person or property. One brother was in a bad financial situation. They have never done anything else. They have no record. Is it possible, since out local jail is over crowded by 100 inmates already, to get the jail canceled or reduced? This happened over a year ago. They went to every court date and have not gone anywhere. They both have sons of their own to support and take care of. I agree with the probation and restitution. They have fully cooperated. The jail time is a waste of tax payer money. I have tried to talk with our local sheriff but he won't return my calls.


Asked on 9/07/08, 5:55 pm

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

Re: trueFlorida jail time

The local sheriff is not likely to be able to help you. The sentence is imposed by a judge according to guidelines set by the legislature and judicial system. Any time off or early release is also rarely at the discretion of the sheriff. If you are looking for a reduction in sentence you would have to petition the court or the parole commission. However, your sons took a plea and revising a plea agreement is highly unlikely.

Further, the crime you describe is ARSON and INSURANCE FRAUD and 6 months jail for that seems pretty light to me, and like the judge already took into account how GOOD your boys are. Also, since you mentioned they took a plea they should have considered the time they would have to serve before hand.

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Answered on 9/07/08, 6:04 pm
Valerie Masters Valerie Masters, P.A.

Re: trueFlorida jail time

If the sheriff took calls from concerned mothers, he wouldn't get any other work done. Generally you cannot change plea agreements. They are binding contracts on both sides.

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Answered on 9/07/08, 6:51 pm


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