Can a judge revoke and terminate even though my husband scores prison?

Asked 4 months ago - Orlando, FL

my husband was arrested 8 months ago for battery and petty theft against me. The charges were dropped and because he is anti murder act he scores prison. He has been in county for 8 months. he also pled guilty to violation of no contact order because he contacted me, we have a child together and i never wanted to the no contact order. the judge said he scores prison for 60 months. i have heard that judges can "revoke and terminate". can i get an attorney and will the judge revoke and terminate for8 months credit when he scores 60 months in jail?

Attorney answers (1)

  1. Daniel David Archer

    Pro

    Contributor Level 10

    Answered . You need to seek counsel immediately. If you are not pursuing the matter, the State Attorney can decide not to proceed. However, in this case it looks as though the ASA Assistant State Attorney) is moving forward. If the ASA negotiates with your husband's attorney, there may be a negotiated plea developed which would not require your husband to go to prison.

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