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How much time can u get for a simple robbery 2nd degree felony with only 1prior felony for poss of cann.can he get probation

Orlando, FL |

Poss of cannibas a felony ..he was on probation for that

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Attorney answers 4

Posted

15 years prison, but that answer is likely of no help to you. Hopefully you do everything you can to hire an attorney that can help you.

Posted

While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about any case on-line; in short there is no substitute for an in person face-to-face consultation.

Further, Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney's Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables ("free radicals" if you will) all of which combine to make it impossible to predict what will happen in a given case.

The best advise you are going to get on a given case is to find yourself a local criminal defense attorney (in your case in the 407 area), make an appointment, show up on time and bring with you as much relevant paperwork or information as possible.

Although I practice primarily in Miami-Dade County please feel free to contact my office for a referral or two, or you can either do a location search on Avvo or search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/index.php/component/civicrm/?view=Profiles&layout=search&Itemid=169 ).

I hope that you found this to be helpful and I wish him the best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

Posted

The simple answer is that for robbery, as with any second degree felony, the maximum sentence is 15 years prison. Since possession of more than 20 grams of cannabis is a 3rd degree felony and he was on probation for that charge, that increases his total exposure another 5 years. So the most he could get all together is 20 years Florida state prison. As to what he WILL get or whether probation is a possibility, as stated above, this is impossible to answer in an online forum such as this one and your friend would be well served by hiring an attorney to look into this asap.

Asker

Posted

I thought the Max for simple 2nd degree robbery was 5yrs. Max

Christopher A. Blaisdell

Christopher A. Blaisdell

Posted

Sorry, I didn't understand the question. There are two kinds of robbery, with a weapon, which is a 2nd degree felony, and without a weapon, which is a 3rd degree felony. They are generally referred to as 'armed robbery' and 'strong arm robbery' respectively.

Asker

Posted

No weapon n its just simple robbery

Christopher A. Blaisdell

Christopher A. Blaisdell

Posted

Then yes, you're correct, that makes it a 3rd degree felony and it's punishable by up to 5.

Asker

Posted

Is it possible for probation

Posted

I agree with each of my colleagues.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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