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Hillary0316 · Oct 4, 2012, 06:54 AM

Last year, my husband was put on misdemeanor probation for carrying a concealed weapon. His probation is scheduled to end in 5 days, and the only condition of his probation was to pay almost $2,000. We completely paid off everything. However, he was recently charged with felony assault and misdemeanor battery but has not yet been convicted of those charges. Even though he has not yet been found guilty of those charges, he is still being charged with violation of probation. Does anybody know what the maximum sentence for violation of probation is in the state of Florida? I can't seem to find much information online, and trying to get a free consultation with a lawyer or getting in touch with his public defender is like pulling teeth. I would really appreciate some feedback. Thank you.

Fr_Chuck · Oct 4, 2012, 07:02 AM

This is easy, the max sentence is the probation period, in jail.

So if he had a two year probation, they may put him in jail for up to two years.
If he had a 5 year probation, they can put him in jail ( prison) for up to five years.

Seldom do they get the max time, but you did ask what was the max.

So what ever number of years he was on probation for, that is how long he could get.

And no the time he was on probation does not count, he can have one day left on probation and if he violates it, could end up serving the entire time in jail

Hillary0316 · Oct 4, 2012, 07:06 AM

Okay, thank you very much. He was on probation for one year, so hopefully that does not happen.

Fr_Chuck · Oct 4, 2012, 07:11 AM

No, it won't ( my guess) Normally they keep him in jail for 3 weeks or so, till a hearing, and then at the hearing put them back on probation.

His probation froze at the date of the violation. So he would have the time left from that date, not the current date.

His biggest fear will be the new charges.

excon · Oct 4, 2012, 07:11 AM

Originally Posted by Hillary0316

trying to get a free consultation with a lawyer or getting in touch with his public defender is like pulling teeth. I would really appreciate some feedback. Thank you.

Hello Hillary:

Yeah, that ain't going to happen. We ain't bad here...

Did he REPORT the initial police contact, immediately?? I'll bet not, and I'll bet THAT'S going to be the technical charge for the violation... If they let the probation expire, and he's CONVICTED, they won't be able to violate him. So, they're doing it now.

If that's NOT the case, and you want us to help, we need to know exactly what happened.

excon

Hillary0316 · Oct 4, 2012, 07:52 AM

When he was arrested for the assault and battery charges, he was ROR'd the next day and called his probation officer that day to explain to her what happened. She said if it was her choice she wouldn't violate him but she has to and that everything else is up to the judge. As for the other charges, it was a confrontation with my grandmother which makes the assault charge on somebody over 65. But there are no physical marks or any evidence at all. The only thing they have is her word, and she is recommending to the state attorney that he go to jail for VOP but not the other charges, but I know ultimately it is up to the state attorney.