QUESTION
If someone is convicted of 2 first degree felonies and it is a first offense, will they go to jai?
Asked on Apr 11th, 2013 on Criminal Law - Florida
More details to this question:
Someone that I know was arrested for stealing money from her employer. She is clearly guilty. She is charged with 2 first degree felonies, first offenses. In civil court the employer won a judgement against her for $267,000. Will this adversely affect her criminal trial/conviction?
2 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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First degree felonies can be up to 30 years in prison. The burden of proof in a criminal trial is different than a civil one. She should hire a private attorney. Many people do get sent to prison even on a first time offense.
Answered on Apr 11th, 2013 at 10:50 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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It does impact this person but not recess negatively. The fact that there is a judgment against her can't be used as evidence in her criminal case. Civil cases have a lower burden of proof than criminal cases so the State would still have to prove her guilt beyond a reasonable doubt. Additionally, the State might be precluded from trying to get her to pay restitution because there has already been a judgment ordered for the money in the civil case. Nonetheless this person is facing prison time and needs a criminal defense attorney.
Answered on Apr 11th, 2013 at 8:41 PM