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From 5 years to probation?

Hollywood, FL |

My boyfriend was offered 5 years prison time. Offer wasn't accepted. What are the chances it will be reduced to just probation, time served? He's been on jail 6 months already. First time offender.

Attorney Answers 6

  1. That depends on too many variables to mention. Just for starters: the prosecutor, the strength of the evidence, the charges themselves, the defense attorney, witness cooperation, luck..... I could go on all day. This question is best directed to his attorney.

    Please be advised that my answer to this question is based on limited facts and offered solely for informational purposes. My answer does not create an attorney-client relationship. Maria E. Castagliuolo can be contacted at 727-698-3634. If my answer was helpful, please select Best Answer or Helpful. Thank you!

  2. Have no idea to honestly answer your question. Does he have a lawyer? He needs to discuss the strengths and weaknesses of his case with his lawyer and the potential defenses and see whether he wants to litigate the case to trial. Without knowing all the facts we would be doing you a disservice to give you an answer. In fact this forum is probably not the best place for that question.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at and put AVVO in the subject line.

  3. That depends on the charge and many other factors but if the first offer from the state is five years priosn, barring some new evidence/developments, straight probation may be unlikely.
    Good luck,

  4. As everyone else has stated, that is an impossible question to answer based on the limited facts that you have presented. If he doesn't have an attorney, you should hire one for him immediately.
    Please visit our web site
    954 764-6099

    Daniel M. Berman This is not to be considered legal advice nor does an attorney-client relationship exist.

  5. The term "first-time offender" really only benefits those charged with non-violent, less serious crimes. A "first-time offender" for a serious offense like armed robbery or murder will likely face considerable prison time regardless of not having a prior record. And since your boyfriend is in custody, I am going to assume that he is charged with a felony punishable by life.

    If your boyfriend is being offered 5 years, he is probably charged with a very serious crime. The chances of it being reduced to probation? Depends on the job your attorney does during the discovery process. I've seen offers go from 10 years plus to probation after taking a few depositions. The pre-trial investigative process known as discovery is crucial to the successful resolution of a case.

    The Broward State Attorney's Office will not simply reduce a plea offer over time because they want to close out a case. They may offer probation if facts damaging to their case come out during depositions of witnesses.

    All comments made by the attorney are mere statements of opinion and are not intended to be interpreted as legal advice. There is no attorney-client relationship formed as a result of this comment.

  6. As the other attorneys have noted, you have not provided enough information for an attorney to give a specific answer.

    One thing not mentioned, however, is the Sentencing Guideline Scoresheet. If he score 60 months with the Department of Corrections, it is unlikely there will be any reduction unless the prosecutor changes the crime with which he is charged in the information.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

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