How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Hammer O'Justice Your Own Question
Hammer O'Justice
Hammer O'Justice, Attorney
Category: Legal
Satisfied Customers: 4500
Experience:  Almost 12 years of legal experience
12176198
Type Your Legal Question Here...
Hammer O'Justice is online now
A new question is answered every 9 seconds

My boyfriend was plces on florida state probation when released

Customer Question

My boyfriend was plces on florida state probation when released from jail didn't report after about a week his po talked him into coming in from there was placed under arrest for violation is reinstatement a possibility what are the florida statutes for this
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Legal Research on Case Law, Codes, etc. + Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Hammer O'Justice replied 2 years ago.
Hello.
The law you are looking for is here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0948/Sections/0948.06.html
Scroll down to section 2(a):
(2)(a) The court, upon the probationer or offender being brought before it, shall advise him or her of such charge of violation and, if such charge is admitted to be true, may forthwith revoke, modify, or continue the probation or community control or place the probationer into a community control program.
As you can see, the judge can continue the probation, which is the reinstatement you were referring to. It basically just means he is sent back to probation to carry on under the same conditions as before. Another option the court has is to modify his probation, which means that he'd still likely be on probation but the court may impose additional terms on him (like a longer probation time, community service, etc.). The final option is to revoke it, which means he'd be taken off probation and given some sort of jail term. The court may also do a hybrid sentence, which is to say it can sentence him to a brief period of jail time and then return him to probation upon release.
So yes, continuing on probation is possible. The courts are not particularly happy when someone who was given the second chance of probation violates, but if he has a compelling reason and/or a compassionate judge, he could be returned to probation.