i am currently on felony probation and was arrested recently for (suposively) giving false info 2 a cop. i have misdomeanor court tomorrow and i'm just curious about the points this charge carries. i also would like 2 know if this charge causes me 2 violate my probation and what the points on that would be. when i signed for my probation of 3 years i was told that as long as i did not violate with a new charge i didn`t score prison time. well....here is my dilima. how do i figure out if this new charge, even though it is a misdomeanor, will put me in prison ? how do i find out how many points i currently have before this new charge? can i get put in prison on a misdomeaner charge?
Criminal Defense Attorney
You can check the scoresheet in the clerk's file. See how many points you scored in total. Add 6 points for a violation of probation (the MM gets only the 6 points). Then do the calculations according to the scoresheet. In the future, the MM adds .2 points to the scoresheet. Yes, it will violate your probation. Get your attorney to explain the scoresheet to you and your exposure.
Pursuant to Rule 3.992(a) Criminal Punishment Code Scoresheet 6 points will be added for any violation other than new felony conviction according to the criminal score sheet.
You can find out how many points you had at the time you were placed on probation by going to the clerk's office and asking for your score sheet for the charge you are on probation.
This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.