That depends on too many variables to mention. Just for starters: the prosecutor, the strength of the evidence, the charges themselves, the defense attorney, witness cooperation, luck..... I could go on all day. This question is best directed to his attorney.
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Have no idea to honestly answer your question. Does he have a lawyer? He needs to discuss the strengths and weaknesses of his case with his lawyer and the potential defenses and see whether he wants to litigate the case to trial. Without knowing all the facts we would be doing you a disservice to give you an answer. In fact this forum is probably not the best place for that question.
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As everyone else has stated, that is an impossible question to answer based on the limited facts that you have presented. If he doesn't have an attorney, you should hire one for him immediately.
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Daniel M. Berman
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The term "first-time offender" really only benefits those charged with non-violent, less serious crimes. A "first-time offender" for a serious offense like armed robbery or murder will likely face considerable prison time regardless of not having a prior record. And since your boyfriend is in custody, I am going to assume that he is charged with a felony punishable by life.
If your boyfriend is being offered 5 years, he is probably charged with a very serious crime. The chances of it being reduced to probation? Depends on the job your attorney does during the discovery process. I've seen offers go from 10 years plus to probation after taking a few depositions. The pre-trial investigative process known as discovery is crucial to the successful resolution of a case.
The Broward State Attorney's Office will not simply reduce a plea offer over time because they want to close out a case. They may offer probation if facts damaging to their case come out during depositions of witnesses.
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As the other attorneys have noted, you have not provided enough information for an attorney to give a specific answer.
One thing not mentioned, however, is the Sentencing Guideline Scoresheet. If he score 60 months with the Department of Corrections, it is unlikely there will be any reduction unless the prosecutor changes the crime with which he is charged in the information.
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