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Violate Felony probation 3rd time with misdemeanor what is maximum sentence?

Debary, FL |

My boyfriend is on felony probation for aggravated assault with deadly weapon no intent to kill. Someone tried to carjack him and he pulled a knife to defend himself. Got 5 years probation. Violated on a domestic charge, put back on probation, same girl violated him again a year later out of spite. called his probation officer and said he was calling her even though he had no contact with her at all? Then violated a 3rd time for a battery misdemeanor charge from me. I did not press charges and I asked the police to get him medical help for his tourette syndrome he has not charge him. He did not do it on purpose he has tic's he cannot control. Only had 3 months of probation left. What will happen to him?

Attorney Answers 3


He has been extremely lucky so far. How the system catches criminals frequently and puts them into prison is from violations of probation. He could be facing the entire amount of time he was originally facing. So, he needs an attorney now. There are no conclusive answers for you when we do not know all the facts, and although you have given us a good rendition of the facts as you see them, there is still much more any attorney will need to know.

R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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A 3rd violation for similar "violence" related incidents will likely result in a revocation and either jail or prison time. It is a common misconception that the alleged victim of a crime can "drop the charges". It is the State Attorney and ONLY the State Attorney that can decide whether or not to pursue a criminal prosecution. If you are saying that the battery did not happen the way you described it to the police and the way it was written in the police report, then you should contact the State Attorney's Office to clear the air about what really happened when the newest misdemeanor battery charge was created. Keep in mind that lying to the police could expose you to potential criminal prosecution for making a false police report or even perjury.

It sounds like the two of you are facing a difficult battle ahead. He needs to hire an experienced criminal defense attorney immediately if he wants to have any chance at avoiding a lengthy prison sentence. You might want to seek counsel as well.

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The quick answer is that he is facing 5 years on the VOP (minus whatever time he has previously served on that charge - he gets no credit for time served on probation) and another potentially concurrent 364 days on the misdemeanor.

I don't know where Debary is but I assume tah they have criminal defense lawyers there. My advise is that yo hie him one and that you do so fast. Prosecutors and Judges are not forgiving on VOPs, most especially on multiple VOPs and even more so when it comes to substantive (new offenses) VOPs.

You may want to take a look at my AVVO Legal Guide on surviving probation in FL. It contains a great deal of information on the subject, including on VOPs. For your convenience a link follows:

Plea see:

I hope this has been helpful.

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.)

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