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my son was put in jail on a baker act as he had been threatening

suicide via text and phone...
my son was put in jail on a baker act as he had been threatening suicide via text and phone calls to his girlfriend after she found her safe had been broken into by him. He also is going to be charged with breaking into his girlfriends safe in their apartment as she is filing charges. He has a prior felony record. He took $200.00 cash from the safe and a couple of small $ amount gift cards. His prior felony charges were drug possesion and a B&E. How serious can these charges his now former girlfiend is filing? Can this be upgraded to a felony? What can the maximum penalty be?
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Answered in 6 minutes by:
2/4/2013
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I am a Florida criminal defense attorney and I believe I can help.

.

As you probably understand, a great deal of the answer to your question depends on what charges the prosecutor actually files. Based on what you have stated, I would suggest that a worst-case scenario would be that the prosecutor files a charge of burglary of the home and then theft of the property. Such charges could result in your son spending a couple years in prison.

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However, the fact that this is his girlfriend may very well help him out. I say this as prosecutors will typically look at this as a domestic situation. In such a case, they will often file lesser charges. This could include something like trespassing and/or theft. Either of these charges could be considered misdemeanor offenses and result in nothing more than probation and fines.

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Customer reply replied 4 years ago

They were living together at the time of this theft

Excellent, that would seem to eliminate any burglary charge and just leave the theft charge. Again, this is likely a misdemeanor offense and suggests a resolution of probation and fines.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
.
Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Verified
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Joseph
Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7,280
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