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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27198
Experience:  10+ years defending Misdemeanor and Felony cases.
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florida probation 5yrs 3rd degree felony -3rd Dui within ten

Resolved Question:

florida probation 5yrs 3rd degree felony -3rd Dui within ten years.(three months from ten years) I served 6mths - if I should violate would I get credit for the time on probation. The judge tried to say no early termination - but had to remove that.

If I violate and go before him how much time could he give me. I would like to move out of Florida after my fines paid would like to try to transfer the probation to Pennsylvania - they have much better public transportation. I can't get my hardship license for two years. I have a ten year no license. Judge said I was a threat to public safety I had a 30,000$ bond before sentencing. Was out on an $800 bond and they rearrested me. I have never had a driving without a license and I have never not shown up for court. Not sure why the bond increase to $30,000 but this judge wants to teach me a lesson. Just wondering what he would do if I violated - I will have a hard time paying for everything $2600 court costs - plus probation etc.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.
If you violate, the Judge could sentence you to the maximum prison time, allowed by law. Since it was a 3rd degree felony, you could face up to 5 years, in a Florida State Prison. You would not get credit for any time that you were placed on probation but at the same time, there would be no reason, unless the facts warranted it, that you would get 5 years. Normally, probation will make a recommendation and the State Attorney will follow it. You can file a motion to have your probation transfered to PA. It is up to the discretion of the Judge, so make sure you have some plan, which is the basis of the move.
Customer: replied 7 years ago.

I feel as long as I have this judge I think he will give me the five years - minus the 6mths served correct. I am hoping he will be rotated in a couple of years I don't think he will let me transfer the probation. He made a big point of no early termination in court. My attorney challenged that and he had to back down. The State's attorney only wanted 90 days and a year probation. The judge said no - so I don't think he will listen to a probation officer. I am not planning to violate - I will not drive - but I know I might go to a party or something and have a beer - it depends on how much the probation officer is determined to violate me. It appears in Florida you are better off doing drugs - people don't realize the consequences and the cost of DUI's. Even if you don't ever drink again this is on your record forever - no forgiveness.

Expert:  CrimDefense replied 7 years ago.

Probation does have a right to randomly test you, for drugs and alcohol. They can arrive at your home or ask you to come into their office, for a test. Every Judge is different. If you know you have a strict Judge, make sure you do not mess up while on probation. Sitting in jail is not fun. You will get credit for any previous time served.


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