I recently received a letter from someone who was convicted of "Threats to Kill or injure" in a case I have against them. This person was recently on probation for the said offense and others, and was recently resentenced due to a VOP, under the same charges. I was assuming that he is still bound to the rules of a No Contact Order, since he is incarcerated under the same charge I have against him. It was my understanding that the order lasts as long as the sentence, though this is technical resentencing. Should such an order still be in place as I thought. Is he violating?
Criminal Defense Attorney
In Florida a VOP sentence is a new and separate sentence and the Judge has discretion to sentence the person to any sanctions he could have imposed at the original sentence even if he did not do so on the original sentence. The sentence order is a public record and you can get a copy from the Clerk of Courts.