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my boyfriend is on probation for driving with a suspended license. he violated his probation what is the maximum sentence?
Orlando, FL
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Posted 7 months ago in Speeding / Traffic Ticket
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my boyfriend is on probatin for driving with a suspened license. He violated his probation so what is the maximum sentence for this he only had a week left of probation
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Answers (4)Edgardo Rafael Baez
This attorney is licensed in Texas.
Posted 7 months ago.
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For the most part, when there is a violation on probation the person is going to serve the full sentence which would have been imposed under the underline offense.
Alan James Brinkmeier
This attorney is licensed in Illinois.
Posted 7 months ago.
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No one can say what the maximum will be because there could be other aggravating factors. The fact that he had just a week to go does not help as much as it hurts.
Ask your boyfriend to inquire of his lawyer. Even then, all that can be predicted is a range of potential sentencing. If you need to, contact a local lawyer to talk specifics, should you boyfriend not be represented. You might find my Legal Guide helpful "How to Choose A Lawyer For You" http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you You might find my Legal Guide helpful " What Do I Tell My Lawyer" http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer Check with a lawyer in your locale to discuss more of the details. Good luck. God bless. No one can know what the record is in the case because online we cannot see your documents and the terms of the suspension. Your boyfriend needs a lawyer. Check with a lawyer in your locale to discuss more of the details with him. Good luck to you. NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question. Adam Leo Bantner II
This attorney is licensed in Florida.
Posted 7 months ago.
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The answer depends on what level of driving while license suspended (DWLS) charge your boyfriend was on probation for. If it was misdemeanor DWLS, then he faces up to one year if it was a first-degree misdemeanor or up to 60 days if it was a second-degree misdemeanor. Finally, if it was felony DWLS, he's looking at up to 5 years in prison. The different classifications depend on the number of prior convictions for this same charge.
The amount of time remaining on probation is almost irrelevant. If there is a violation of probation at any time during the probation, the court could sentence your boyfriend to any legal sentence the court could have sentenced him to at the time of the original sentencing. I do practice in Orlando, even though my office is based in Tampa. Therefore, feel free to call me at 813.453.6396 if you would like to discuss the case in further detail. William David Umansky
This attorney is licensed in Florida.
Posted 7 months ago.
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if he was on felony DWLS the maximum sentence would be five years prison. if on probation for first DWLS then sixty days and if he was on probation for second DWLS and it was first degree misdemeanor, he faces up to a year. these are just the maximum penalties and he may get less and also is entitled to credit for time served. He really needs competent legal counsel to help him with his situation. please feel free to visit us at thelawman.net or call us at 407-228-3838. Mention Avvo as the source of referral. look forward to helping if we can!
Bill
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