Legal Question in Criminal Law in Florida

My uncle was arrested for felony burglary of a structure and released on ROR. He has no prior record. While awaiting his hearing, he was arrested for misdemenaor utility tampering. He was released ROR and the Judge told him to pay the restitution for the utilities before his court date and he would be done. He paid the restitution and went to court for the misdemeanor. The judge sentenced him to 100 hours of community service and 1 year probation. Then when trip for the felony burglary, he was sentenced to 90 days for a lesser 3rd degree felony and 1 year probation.

He did the 90 days. When released, he reported to the probation officer. Not knowing he had to report to another, did not report. He keeps reporting to one PO and she visits his home to verify. He misses one appointment and she calls and tells him to come on in. He is arrested immediately when he reports on VOP. We then find out he has had a warrant for VOP for 3 months on the other charge.

He still has not committed any criminal acts. He just missed an appointment. He has been incarcerated for 2 weeks now with no bond.

What is he looking at, bottom line.


Asked on 2/07/13, 9:25 am

1 Answer from Attorneys
Natalie Hall The Law Office of Natalie D. Hall, P.A.

Any violation of probation can result in him facing the maximum penalty that he could have received for the charge for which he was placed on probation. If it was an honest oversight/confusion they may reinstate probation or reinstate with the request that he do additional terms.

He must meet with an attorney or if he cannot afford one seek to have a Public Defender appointed. An attorney is better able to present his case in this circumstance.

Natalie Hall, Esq.

[email protected]

(407) 412-7035

Read more
Answered on 2/07/13, 10:03 am


Related Questions & Answers

More Criminal Law questions and answers in Florida