How much time can you get on a violation of probation on a petti theft charge?

Asked over 4 years ago - Okeechobee, FL

how much time can i get if i V.O.P in a felony office but my charge is only a misdameanor petti theft charge and was with held ajudication? bc i have to pay off restitution and court fine and probation! and i cant find any work? what can the do to me exactly?

Attorney answers (3)

  1. Craig A. Epifanio

    Contributor Level 18

    Answered . I think you need to clarify your question. If you are on felony probation, then you are facing the max penalty according to what the charge is. If it is a third degree felony, 5 years prison; a second degree felony, 15 years prison, etc. When you pick up a new charge, regardless of how "insiginificant" a misdemeanor may be, then judges are not too happy about that. It is not as if you violated by a dirty urine; a new crime is cause to be arrested on a VOP and sent to prison. I suggest you contact an attorney to see if there is any way to avoid that. Good luck.

    Craig Epifanio

  2. Derek B Brett

    Contributor Level 12

    Answered . I am not entirely clear on your question. A felony VOP implicates felony penalties. A misdemeanor VOP carries either a 60 day maximum period of incarceration or a 364 day period of incarceration, depending upon the amount allegedly taken. Now, if there are 3 or more petit thefts, then someone can be charged with felony petit theft, in which case the maximum possible sentence is 5 years in prison.

    A felony VOP sentence will, akin to a standard sentence, will incorporate the point total from a defendant's score sheet. This score includes prior offenses, the current offense, and -- in your case, if a felony VOP -- points for the VOP. From there, the court knows the minimum possible sentence. The maximum is the maximum legal sentence -- on a felony petit theft, that would be up to 5 years in prison.

    Derek Brett
    The Brett Law Firm, P.A.

  3. Stephen Andrew Mosca

    Contributor Level 17

    Answered . Your question is indeed confusing. It sound like you either violated a misdemeanor probation by committing a felony or violated a felony probation by committing a misdemeanor. On top of that, you hint that perhaps the VOP is because you cannot pay your restitution, fees, fines, and other costs. A correct answer depends on which is the correct scenario.

    If you were violated for a money issue, you may have a defense asa violation must be willful. I am sure you did not willfully become too poor to pay your costs, etc. If it is a new law violation that caused the violation, then you are subject to the full remaining penalty of the original charge plus whatever happens with the new charge. In addition, if you had a withhold and were put on probation, you will likely have that withhold changed to an adjudication.

    Get a lawyer to review your case and advise on your particular facts and circumstances. And stay out of trouble while settling these outstanding issues. Good luck.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,679 answers this week

3,199 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,679 answers this week

3,199 attorneys answering