Ask Me Help Desk - Grand theft and burglary charges

Hello
Recently my boyfriend was convicted of a felony in the third degree for receiving stolen property in York county, PA and after spending six months in jail (it takes forever to get a hearing) he got probation. He has been out of jail for two months now and he was just arrested for a crime that he potentially committed in Florida last year. We are still unaware of the evidence that they have on the case but currently he is in prison up here until they decide when he will be expedited down to Florida.
The charges are burglary and grand theft in the third degree in the state of Florida (ft. lauderdale area). Could anyone give me potential sentences for this and if there is any way for him to not be expedited down to Florida?

Quote:

Originally Posted by crush1686

Hello
Recently my boyfriend was convicted of a felony in the third degree for receiving stolen property in York county, PA and after spending six months in jail (it takes forever to get a hearing) he got probation. He has been out of jail for two months now and he was just arrested for a crime that he potentially committed in Florida last year. We are still unaware of the evidence that they have on the case but currently he is in prison up here until they decide when he will be expedited down to florida.
The charges are burglary and grand theft in the third degree in the state of Florida (ft. lauderdale area). Could anyone give me potential sentences for this and if there is any way for him to not be expedited down to florida?

Please don't keep posting the same question - it's confusing and double work for the people trying to answer you. (You mean extradited, not expedited.)

The point system itself is complicated and priors are considered when "assigning" points so it's hard to tell - Grand Theft 3 is considered a "serious crime" so I would venture that he will be extradited.

Is this what you are looking for:

From Florida law - "Another significant change is the determination when a prison sentence becomes mandatory under the new sentencing policy. The basic structure of the sentencing policy has not changed with respect to point determinations. Sentencing point thresholds for sentence calculations have however undergone significant revisions.

If total points are equal to or less than 44, the lowest permissible sentence is a non-state prison sanction (however state prison up to the statutory maximum can be imposed).
If total points exceed 44, the minimum sentence is established by taking the total point value subtracting 28 and decreasing the remaining value by 25%. This end result value is the lowest permissible prison sentence in months.

This means than only those offenders scoring 44 or less points may receive a non- state prison sanction under the code. All others must receive a state prison sanction, absent downward departure from this structure. The threshold under the guidelines for mandatory prison incarceration was 52 points. "

If Florida is interested in him they'll come and get him. In the meantime, he's violated his Penna probation and will have to do whatever time he has in Penna. If Florida wants him (which they probably will by the way) he will be spending some time in Stark prison. How much, I don't know, but the Judges in Broward County don't play around with felony convictions and give someone probation.

Actually if they were not going to come get him, he would not be sitting in prison, if there is a warrant, once stopped the call to come and get or not to is made within 1 hour, the time they have to hold without official notification. ** varies slightly, in GA it is 45 min, now they may change their mind and release him but most likely it is now a matter of when, not if.

Ok so they gave him three options. (PS his probation was not violated). They told him that he could bail out, fight extradition, or let extradition occur... but the time they gave him to be extradited could range from a long period (potentially 4 months). Fr_Chuck how sure are you that they have only a certain amount of time to get him because he has been in prison for 5 days now and Fl has not done anything to make him think that he is going down there quick. But they told him that if he bails out then the state of Florida will give him a certain amount of time to turn himself in. This doesn't make sense to me because if you were to bail someone out that person doesn't have to go to jail until they are found guilty and are sentenced.