Full question:
Hello, my father received a 7 yr sentence on a second degree drug felony in 1994. He was given 10 yrs straight probation instead. A few months later he got hooked on drugs himself and violated with 2 new charges. last year 15 years later he went to turn his self in on the new charges, but they had been dropped, so all he faced was the violation. He hired someone to look into the case, I believe a lawyer bail bondsman, and the judge set the bail at $1500. He just made the bond. Some people tell us that he cannot be put back on probation because his discharge for probation has elapsed as well as his prison release date. I was told that the Judge can give him the original 7 years or as little as 2 years. Can you please tell me the judges options in my fathers case, I mean can he get reinstated or what are his chances. Thank you.
- Category: Criminal
- Subcategory: Sentences
- Date:
- State: Florida
Answer:
Upon the termination of probation, a person is released from probation and is not liable for the original offense. During probation, the individual must comply with its terms and conditions. If a probation violation occurs, it can lead to revocation of probation. The court may impose a new term of supervision after revocation, but it cannot exceed the maximum penalty allowed by law, which means the total time served on probation cannot exceed the original sentence. A probation violation can still be charged even if the original probation period has expired.
In your father's case, the judge has several options. They can reinstate probation, impose a new probation term, or revoke probation entirely and impose a prison sentence. The judge may consider various factors, including the nature of the violation and your father's history. It's advisable to consult with a local attorney who can provide specific guidance based on the details of the case.
For more information, refer to the following Florida statutes: Fla. Stat. § 948.04 and Fla. Stat. § 948.06.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.