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Can a judge agree to a VOP plea deal that extends probation beyond the max limits?

Boca Raton, FL |

If the prosecution agrees and the defendant agrees to accept and impose an extension of probation or supervised release or monitored community control that goes beyond the max limits, can the judge agree to this?

For example, if someone served 45 days of probation for a 2nd degree misd and was charged with a VOP. The state wants to work something out and the defendant agreed to two more months of community control. If the state and all parties agree, can the judge allow it?

Attorney Answers 5

Posted

If everyone is in agreement and the Defendant is fully colloquied, then yes.

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Posted

Yes. However, some might say that the jurisdiction expires and that a judge simply cannot do this.

R. Jason de Groot, Esq.,

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Posted

Yes. Up to a total of 6 months probation in that scenario.

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Posted

While a maximum jail sentence for second-degree is 60 days, the court may impose probation for up to six months. In your example if a person had served 45 days probation and had violated his probation the court may extend probation for the remainder of six months. The court could also impose community control as a condition of the probation.

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Posted

Could this happen? I imagine it could. Can one realistically expect to get the state and the judge on board? That's a whole other question.

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