Can u get sentence to prison if u dont score out to prison?

Attorney answers (3)

1. Licensed in FL

   

   Daniel J. Rose

   Delray Beach Criminal Defense Attorney

   Contributor Level 15

   Answered July 25, 2011 11:45. You violated probation so most likely you will see some time. The score is usually an indicator to give the judge guidance for sentencing but that doesn't mean the judge has to follow it.

   Our office number is 561.266.9056. If you liked our response kindly vote it up. Thank You....Legal disclaimer:... moreOur office number is 561.266.9056. If you liked our response kindly vote it up. Thank You....Legal disclaimer: This answer is offered for informational and entertainment purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship. Thank You less

   • Mark as helpful
   • Flag
2. Licensed in FL

   

   Craig Epifanio

   Saint Petersburg Criminal Defense Attorney

   Contributor Level 18

   Answered July 25, 2011 18:03. The short answer is yes. The judge has discretion to always sentence up to the max penalty. If you score less than 22 points, the judge is limited when sentencing to prison, however, the judge still has discretion if he finds reason to do so. Needless to say, you need to get an attorney right away.

   • Craig Epifanio website

   • Mark as helpful
   • Flag
3. Licensed in FL

   

   Jedediah A Main

   Winter Park Litigation Lawyer

   Contributor Level 9

   Answered July 26, 2011 11:57. As indicated above, the answer to your question is "yes." However, you need to give a little more info to get a complete response. Were you on probation for a felony, or did you plead-out to misdemeanors? What was the charge or charges?
   
   If you were on probation for misdemeanors, the court will not use a scoresheet for sentencing. However, you can still be sentenced up to the maximum amount of jail time on those misdemeanors. If you were on probation for a felony and you do not score prison, it will depend on the charge; however, it has been my experience that a court will not sentence someone to prison for a VOP that doesn't score...especially if this is a 3rd degree felony that we are talking about. BUT, that does not mean that the court cannot, or will not, sentence you to some jail time. You should seek the advice of a local attorney asap. If you need a reference, I know a few attorneys in your area.

   The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... moreThe response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise. Contact The Main Law Firm, 407-442-3030. less

   • Mark as helpful
   • Flag